Legal Definitions - recrimination

Definition: Recrimination is a legal term that refers to a countercharge made by the accused against the accuser. It can be used in family law or criminal law.

In a divorce case, if both parties have committed marital misconduct that would be grounds for divorce, neither can obtain a fault divorce. This is because of the prevalence of no-fault divorce. Recriminations are now virtually obsolete. For example, if one spouse accuses the other of adultery, the accused spouse may respond with a recrimination of their own, such as accusing the other spouse of cruelty.

In criminal law, recrimination refers to an accused person's counteraccusation against the accuser. For example, if someone is accused of theft, they may respond with a recrimination that the accuser stole from them first.

These examples illustrate how recrimination is used in legal situations where both parties are accused of wrongdoing. It is a way for the accused to defend themselves by pointing out the faults of the accuser.