Legal Definitions - husband–wife privilege

The husband–wife privilege, also commonly referred to as marital privilege, is a legal principle that protects certain communications and testimony between married individuals from being disclosed in court. It is designed to foster marital harmony and encourage open, honest communication within a marriage. This privilege generally encompasses two distinct protections:

• Spousal Testimonial Privilege: In criminal cases, this privilege allows one spouse to refuse to testify against the other spouse. The purpose is to prevent the state from forcing spouses to incriminate each other, thereby protecting the marital relationship.
• Marital Communications Privilege: This privilege protects confidential communications made between spouses during their marriage. Neither spouse can be compelled to disclose these private conversations in legal proceedings, even if the marriage later ends. The goal is to encourage full and frank communication between spouses without fear of later disclosure.

Here are some examples illustrating the application of the husband–wife privilege:

• Example 1: Refusing to Testify in a Criminal Trial
  

  Imagine a situation where a man, Mr. Henderson, is accused of bank robbery. His wife, Mrs. Henderson, was at home with him on the night of the robbery. The prosecution believes she might have information relevant to the case and calls her to testify against her husband. Mrs. Henderson can invoke the spousal testimonial privilege to refuse to take the stand and testify against Mr. Henderson. This demonstrates the privilege protecting a spouse from being compelled to provide adverse testimony in a criminal proceeding.

• Example 2: Protecting Private Conversations in a Civil Lawsuit
  

  Consider a scenario where Ms. Davies is being sued by a former business partner for alleged fraud. During the discovery phase of the lawsuit, the opposing attorney seeks to introduce a series of text messages between Ms. Davies and her husband, Mr. Davies, sent while they were married. In these texts, Ms. Davies privately expressed concerns about the legality of some business practices. Ms. Davies can invoke the marital communications privilege to prevent these confidential text messages from being used as evidence in court, as they were private communications exchanged between spouses during their marriage.