Is it true that you canot testify against your spouse? in what country?why? can you explain a bit about it2me?

Answer 1

No, in the U.S. you have a "privilege" under the Rules of Evidence not to testify against your spouse if it was a communication only between you and your spouse. That's YOUR right not to testify and YOU can waive it and testify. A privilege is a right not to give evidence. The most common privileges are attorney-client; doctor-patient; and information given to a priest in confession. Other states have additional privileges not to testify. My state has a limited journalist privilege. Interestingly, the only privilege not to testify that cannot be waived is the priest-penitent privilege.

Answer 2

A spouse can't be FORCED to testify against their spouse.

That is known a spousal privilege.

There's another thing called marital confidence, where testimony can't be allowed because communications were made under the assumption of confidence, like with a priest or a therapist.

Spousal privilege is a universally recognized right in the United States, but certainly can be waived if the spouse wants to testify.

Martial confidence is something that varies from state to state, and can only be waived by the OTHER spouse (i.e., the husband can say it's okay for the wife to testify about what they talked about, or vice versa).

Answer 3

Different countries and states have different rules.

In the US, in most states -- there are two separate rules.

First, neither spouse can never testify about private conversations (confidential communications) between spouses -- unless both spouses consent to reveal the information. This is the "spousal communication" privilege, and it's purpose is to encourage spouses to talk -- the same as priest-penitent privilege, attorney-client privilege, doctor-patient privilege -- all communications privileges that encourage free and open communications.

Second, a spouse always has the right to refuse to testify against the other spouse -- but may testify against the other spouse (excluding confidential communications) if they wish. This is the "adverse spousal testimony" privilege, and it's purpose is to protect the institution of marriage, by not allowing the govt to force one spouse to act against the other.

These rules are not universal -- and some states structure than different. So do many other countries.

Answer 4

In America there is some law that you cannot testify against your spouse. You may find more info on this at a Government web site

Answer 5

There are two expressions you need to look at regarding the status of a witness, 'competent / competence' and 'compellable / compellability'. Married couples are not normally compelled to give evidence against their spouse but they are competent. If they are jointly charged with an offence then they are not competent or compellable unless the charge is dropped against one of them or unless or until one of them has pleaded or been found guilty - in such cases the guilty spouses evidence will be of course most likely be subject to attack as that of a discredited persons, tainted etc.etc.
A spouse can be both competent AND compellable in cases of assualt upon them by their spouse, also in cases of assault or sexual offences against an under 16 yrs by their spouse.
Haven't got access to a law library to check latest refs. but these rules were part of the Police & Criminal Evidence Act 1984. ( English Law answer )
Edit: If it helps I've looked a few things in the web for you: try ( for some reason althought I've typed it in for you the full numeric ref Publications/2006/06/2006/06/21135942/1 doesn't appear as a full entry when I submit this )for an interesting comparison with English law. Also if you follow the logic of spouses when they are jointly charged they can not be compelled to give evidence there were some case where a child would die and obviously one of them must have done it but by keeping their mouths shut neither could be found guilty. There was new English law, the DomesticViolence Crime Victims Act 2004 to try and cover this lophole and allow the court to draw such obvious inference as it thought appropriate.

Answer 6

I know that in Iran/Saudi Arabia, where things are run by Islamic Law (or Shariah Law), the testimony of a woman is not considered as valid as that of a man, so a woman cannot testify against her husband.

Don't know anything about what you're describing, though.

Answer 7

in SA there used to be an absolute rule against spouses testifying against each other because of a form of privilege. now spouses can only be forced to testify against their spouse in certain circumstances. depends on the situation and what country tho...

Answer 8

Spousal Testimonial Privilege

Answer 9

You cannot be called upon to testify against your spouse here in England. However, you can testify against a spouse in a court case where you are a voluntary witness.

It simply means that neither the defence nor prosecution can subpoena a person to appear against their own partner/spouse.

Thems the rools!

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