Legal Definitions - antimarital-facts privilege

The antimarital-facts privilege, also known as the spousal testimonial privilege or adverse spousal testimony privilege, is a legal protection that allows a person to refuse to testify against their current spouse in a criminal court case. Its primary purpose is to preserve marital harmony and prevent the state from forcing one spouse to contribute to the conviction of the other.

This privilege belongs to the witness-spouse, meaning they are the one who decides whether or not to testify. It applies only as long as the couple is legally married at the time of the testimony, and it covers any facts or observations, not just private communications between spouses.

• Example 1: Theft Accusation

  Imagine Mark is accused of stealing valuable artwork from a gallery. His wife, Sarah, was with him on the night of the alleged theft and saw him carrying a large, wrapped object into their home. The prosecution wants to call Sarah to testify about what she observed.

  Under the antimarital-facts privilege, Sarah has the right to refuse to testify against Mark in his criminal trial. She cannot be compelled by the court to share what she observed, even if her testimony would be crucial to the prosecution's case. This privilege protects her from being forced to incriminate her husband.

• Example 2: Drug Trafficking Charges

  Elena is charged with drug trafficking. Her husband, David, was aware of her activities and even helped her package some items, though he was not charged himself. The prosecutor issues a subpoena for David to testify about Elena's involvement.

  David can invoke the antimarital-facts privilege. He can choose not to take the stand and provide testimony that would be damaging to Elena's defense. This privilege allows him to protect his spouse from adverse testimony, reflecting the legal system's respect for the marital relationship during an ongoing marriage.

• Example 3: Assault Case

  John is on trial for assault. His wife, Maria, was present during the altercation and witnessed John physically attack the victim. The prosecution believes Maria's eyewitness account is vital to proving John's guilt.

  Maria holds the antimarital-facts privilege. She has the option to refuse to testify against John in court, preventing her from being put in a position where she must provide evidence that could lead to her husband's conviction. This privilege applies because they are currently married and the testimony would be adverse to her spouse in a criminal proceeding.