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'American Idol' winner in lawsuit

Fantasia performs in concert at the Bank Atlantic Center in Sunrise Florida on February 2, 2007. (UPI Photo/Michael Bush)
Fantasia performs in concert at the Bank Atlantic Center in Sunrise Florida on February 2, 2007. (UPI Photo/Michael Bush) | License Photo

CHARLOTTE, N.C., Aug. 8 (UPI) -- A lawsuit filed in North Carolina accuses "American Idol" winner Fantasia of breaking up a marriage and making a sex tape with the husband, court records show.

The complaint was filed Wednesday by the wife of Antwuan Cook who alleged the affair started in August of 2009, WCNC-TV, Charlotte, N.C., reported.

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The wife's name was not released.

The filing referenced a sex tape allegedly recorded between Cook and Fantasia Barrino, WCNC said Friday.

"Husband and Ms. Barrino have at times recorded their illicit sexual activity," court documents said.

North Carolina allows for lawsuits brought for "criminal conversation" and "alienation of affection" against third parties who interfere in a marital relationship, says attorney Suzanne R. Begnoche.

Criminal conversation is considered sex with a married person and alienation of affection may be considered when a third party destroys a marital relationship, Begnoche says.

Fantasia allegedly called Cook's wife saying, "He don't want you. Maybe the next time that you get a husband you'll know how to keep him. That's why he is here with me," court documents say.

"You can sue that third party. Most of the cases involve sex, it doesn't have to be sex, it can be something much lower," says Professor Beau Baez from The Charlotte School of Law.

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There has been no response from Fantasia or her representatives.

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