Spousal Privilege
Updated:Spousal privilege is a legal concept that protects the confidentiality of communications between married partners. It allows a person to refuse to testify against their spouse in certain legal proceedings, and prevents courts from compelling one spouse to disclose confidential communications made during the marriage. While not directly related to sexual activity, this privilege can have implications for sexual privacy within a marriage.
Additional Information
There are two types of spousal privilege:
- Testimonial Privilege: This allows a spouse to refuse to testify against their partner in criminal proceedings.
- Marital Communications Privilege: This protects confidential communications made between spouses during their marriage.
It's important to note that spousal privilege doesn't apply in all situations. For example, it may not apply in cases of domestic violence or when one spouse is accused of a crime against the other spouse or their children. The specific application of spousal privilege can vary depending on jurisdiction and the nature of the legal proceedings.
Examples
A wife refusing to testify about her husband's whereabouts on the night of an alleged crime.
A husband invoking spousal privilege to avoid disclosing intimate details about his marriage in a civil lawsuit.