Wife filed charges against current husband claiming abuse. Wife and husband have since began marrital classes, now wife wants to drop charges against husband. Prosecution refuses to drop charges. Can wife envoke spousal immunity in the event of a criminal trial with charges brought from her against her husband? Can't seem to find anything for sure.
Trial will be held in Virginia.
2007-11-15 10:52:03 · 4 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
If the state attempts to force you to testify, I guess you could risk contempt charges and simply refuse to testify....note where it states:..."The failure of either husband or wife to testify, however, shall create no presumption against the accused, nor be the subject of any comment before the court or jury by any attorney."
Virginia Code:
§ 19.2-271.2. Testimony of husband and wife in criminal cases.
In criminal cases husband and wife shall be allowed, and, subject to the rules of evidence governing other witnesses, may be compelled to testify in behalf of each other, but neither shall be compelled to be called as a witness against the other, except (i) in the case of a prosecution for an offense committed by one against the other, against a minor child of either, or against the property of either; (ii) in any case where either is charged with forgery of the name of the other or uttering or attempting to utter a writing bearing the allegedly forged signature of the other; or (iii) in any proceeding relating to a violation of the laws pertaining to criminal sexual assault (§§ 18.2-61 through 18.2-67.10), crimes against nature (§ 18.2-361) involving a minor as a victim and provided the defendant and the victim are not married to each other, incest (§ 18.2-366), or abuse of children (§§ 18.2-370 through 18.2-371). The failure of either husband or wife to testify, however, shall create no presumption against the accused, nor be the subject of any comment before the court or jury by any attorney.
Except in the prosecution for a criminal offense as set forth in (i), (ii) or (iii) above, in any criminal proceeding, a person has a privilege to refuse to disclose, and to prevent anyone else from disclosing, any confidential communication between his spouse and him during their marriage, regardless of whether he is married to that spouse at the time he objects to disclosure. For the purposes of this section, "confidential communication" means a communication made privately by a person to his spouse that is not intended for disclosure to any other person.
2007-11-15 11:49:42 · answer #1 · answered by Anonymous · 1⤊ 0⤋
There's no spousal immunity or marital privilege when the spouse is the victim.
Most jurisdictions, these days, will continue with domestic abuse charges even if the victim doesn't want them to.
Richard
2007-11-15 11:04:41 · answer #2 · answered by rickinnocal 7 · 2⤊ 0⤋
When a person discloses information about another crime, that the spouse is not involved in, that is considered privileged communications.
Privileged communications between spouses does not apply when one is the vicitm and the other the suspect.
2007-11-15 10:55:19 · answer #3 · answered by trooper3316 7 · 1⤊ 0⤋
Under the eyes of the law the man has one wife. The other woman have to testify.
2016-05-23 08:03:07 · answer #4 · answered by Anonymous · 0⤊ 0⤋