Laws Concerning Testifying Against a Husband
Marriage is a legal institution in the U.S. and certain protections exist for married partners. One of the most significant is the husband-wife confidentially privilege, similar to the doctor-patient and lawyer-client privilege. Most of the time the confidentially between a wife and her husband cannot be breached by the law, although a few circumstances exist where a wife can be compelled by the court to testify against her husband.
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Function
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Federal and state laws recognize that the marital bond carries with it inherent rights to confidentiality. As long as the married couple do not express to others the content of conversations between the two of them, the information passed between spouses is protected by law in most situations. However, if a spouse confides in a third party, the conversation becomes public and the court can order a spouse or the third party to repeat the content of the conversation in a court of law.
Considerations
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A couple must be legally married to invoke the confidentially protections in court. Common law marriages, no matter how long the couple has been together, are not protected, unless the particular state recognizes common law marriages as legal marital entities. As of April 2011, just nine states recognize common law unions; these states include Alabama, South Carolina, Rhode Island, Oklahoma, Kansas, Texas, Iowa, Colorado and Montana. Pennsylvania, Ohio, Oklahoma, Georgia and Idaho have grandfathered legal status on common law marriages after specific cut-off dates. Utah recognizes common law marriages based on a court or administrative order that recognizes the union.
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Exceptions
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If the husband has committed violence toward the wife or any of their children, the wife must testify against the spouse. Federal and state authorities have to provide legal protections for the health and safety of all its citizens, and removing the spousal privilege in physically abusive situations is a statutory mandate. A legal separation and divorce proceedings also lift spousal confidentiality privileges. Wives can also relinquish their privileges and testify against their husbands if they want to or their attorney advises them to do so.
Options
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The U.S. Constitution affords individuals the right to withhold testimony by invoking the Fifth Amendment. If a wife feels that her testimony against her husband would incriminate her or put her in danger, she has the right to refuse based on the amendment's protection. Local governments and nonprofits often have programs for wives who feel they need advice or protection at little or no cost. If you find yourself in a position where you could benefit from legal counsel, do not hesitate to search out public or private resources dedicated to helping you.
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References
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