Can Married Couples Testify Against Each Other?
Married couples enjoy certain legal protections and privileges unavailable to unmarried individuals. Among these protections are spousal testimonial privileges, which generally prohibit one spouse from being forced to testify against the other spouse in court. However, these privileges are not absolute and are subject to certain exceptions and limitations.
We will give you a broad view of the legal privileges when married couples testify against each other and some circumstances in which they may apply.
This is not legal advice. Federal law and the law in each state can differ so that a spousal privilege that applies in one state may not apply under the same circumstances in another. Consult a competent attorney if any of the issues discussed in this article may have legal consequences for you.
The Spousal Testimonial Privilege
The spousal testimonial privilege is a legal principle that applies in civil and criminal cases and prohibits one spouse from being compelled to testify against another in court proceedings. This privilege is based on the idea that marital harmony and privacy are essential values that the law should protect.
The spousal testimonial privilege applies to oral and written communications and can be asserted by either spouse. It protects confidential communications made between spouses during a valid marriage. The privilege ensures that all private statements between spouses are free from public exposure.
However, the spousal testimonial privilege is subject to certain exceptions and limitations. One of the most significant exceptions to the privilege is when a spouse is charged with a crime against the other spouse. In such cases, the spouse who is the alleged victim may be required to testify against the accused spouse. This exception is based on the public interest that prosecuting crimes outweighs the private interest in maintaining marital harmony.
The spousal testimonial privilege only applies to married spouses. Once the marriage ends, the privilege no longer applies, and either spouse can be compelled to testify against the other. This means that if a couple divorces or is legally separated, either spouse can be required to testify against the other in court.
It is also worth mentioning that the spousal testimonial privilege is not absolute and may be subject to waiver or forfeiture. For example, suppose a spouse voluntarily discloses confidential communication to a third party. In that case, the privilege may be waived, and the communication may be admissible in court.
The Adverse Spousal Witness Privilege
The adverse spousal witness privilege is based on the idea that a spouse’s duty to testify truthfully in court outweighs any potential harm to the marital relationship. In criminal proceedings, the adverse spousal witness privilege allows one spouse to testify against the other spouse. This privilege contrasts with the spousal testimonial privilege, which precludes one spouse from testifying against the other spouse.
The adverse spousal witness privilege only applies to the non-defendant spouse. This means the spouse charged with a crime cannot prevent their spouse from testifying against them. The purpose of this limitation is to prevent the defendant from using the privilege as a shield to prevent relevant evidence from being presented in court.
The adverse spousal witness privilege may also be subject to exceptions and limitations. For example, the privilege may not apply if the non-defendant spouse is also a victim of the crime or if the testimony is necessary to prevent harm to another person.
It is worth mentioning that the spousal testimonial and adverse spousal witness privileges are not absolute and may be subject to waiver or forfeiture. For example, if a spouse voluntarily discloses a confidential communication to a third party, the spousal testimonial privilege may be waived, and the communication may be admissible in court. Similarly, if the non-defendant spouse testifies against the defendant spouse, they may be waiving their adverse spousal witness privilege.
The Confidential Marital Communications Privilege
The confidential marital communications privilege is a spousal privilege that protects confidential communications between spouses made during the marriage from being disclosed in court proceedings. This privilege applies to both civil and criminal cases. It is based on the idea that marital harmony and privacy are important values that the law should protect.
The confidential marital communications privilege only applies to confidential communications made during the marital relationship. It does not extend to communications made before or after the marriage. Additionally, the privilege only applies to communications made in confidence, meaning that the parties intended to keep the communication private when it was made.
Unlike the spousal testimonial privilege, the confidential marital communications privilege applies even after the marriage ends. This means confidential communications made during the marriage remain privileged even after dissolution. The privilege may be subject to exceptions and limitations. For example, the privilege may not apply if the communication is necessary to prevent harm to another person or if the communication is made in furtherance of a crime or fraud.
It is worth mentioning that the confidential marital communications privilege also applies to documents and other recordings of communications between spouses. This means that if a communication was recorded or memorialized in writing, the privilege may still apply if it meets the requirements for confidential communications.
Summary
Married couples enjoy certain legal privileges and protections, including spousal testimonial privileges and the privilege for confidential marital communications. The spousal testimonial privilege allows spouses to refuse to testify against each other in criminal proceedings, meaning that one spouse cannot be compelled to testify against the other. This privilege is based on the idea that marital harmony and privacy are essential values that the law should protect. However, there are exceptions to this privilege in some jurisdictions, such as when a spouse is charged with a crime against the other spouse.
On the other hand, the privilege of confidential marital communications protects confidential communications made during the marriage from being disclosed in court. This privilege applies to both civil and criminal cases and survives the dissolution of the marriage, continuing to protect communications made during the marriage. However, the privilege only applies to confidential communications during the marital relationship. It does not extend to communications before or after the marriage.
It is important to note that these privileges are subject to exceptions and limitations. For example, the spousal testimonial privilege may not apply if a spouse is charged with a crime against the other spouse. The privilege for confidential marital communications may not apply if the communication is necessary to prevent harm to another person or if the communication is made in furtherance of a crime or fraud.
In conclusion, married couples enjoy legal privileges and protections to promote marital harmony and privacy. These privileges include the spousal testimonial privilege and the privilege for confidential marital communications. However, it is important to understand the exceptions and limitations to these privileges in case of involvement in legal proceedings.
References for Can Married Couples Testify Against Each Other:
Cornell Law School – https://www.law.cornell.edu/wex/spousal_privilege