• The basis for the defense is that because the mother bears the burden of proof, she must be able to prove that only the defendant could be the child’s father. In some jurisdictions, this is still known by its common-law name, the exceptio plurium concubentium defense, or as simply the plurium defense. Juries or judges who wished to dismiss the case because of the mother’s promiscuity, rather than because of the improbability of the defendant’s paternity, often accepted this defense. Most states have now abrogated the defense. In fact, in recent years the issue of multiple access has declined in importance with the rise of highly accurate paternity testing. [Cases: Children Out-of-Wedlock 50. C.J.S. Children Out-of-Wedlock §§ 103, 106.]
multiple access
In a paternity suit, the defense that the mother had lovers other than the defendant around the time of conception.
