Domestic violence and intimate partner violence have been on the rise in Massachusetts in the past few years. Federal crime data shows a significant increase in domestic violence offenses in Massachusetts, including a 56% increase in domestic violence murders from 2021 to 2022. Aggravated assaults also increased from 5,690 to 6,102, and simple assaults increased by 3%.
Furthermore, “The Centers for Disease Control and Prevention found that nearly half of women in the United States have experienced sexual violence, physical violence, or stalking from an intimate partner in their lifetime. Among those, three-quarters of female victims reported that they were first victimized before the age of 25. One in three women in the US have experienced severe physical violence by an intimate partner.”
With these statistics in mind, it is important to note that the legal principle of marital privilege can make a difficult situation even more complex. Let’s look at what spousal privilege is and how it impacts domestic violence cases.
A Closer Look at Spousal Privilege
Spousal privilege, also referred to as marital privilege, is a legal principle that protects communications between a married couple (husband, wife or domestic partnership). In short, a spouse will not be forced to testify in a court case against their partner. This doctrine stands true even when domestic violence charges are pending in the court system.
Spousal privilege (Massachusetts Guide to Evidence Section 504) has two main components including testimonial and communications privilege. The testimonial portion of the principle means that a spouse can legally refuse to testify against the other if they are legally married but the doctrine is no longer true once the marriage dissolves. Communications privilege protects conversations between a married couple during their marriage even after the marriage ends.
When examining this legal concept in a domestic violence case where one spouse may be a witness, they have the right to claim spousal privilege. This privilege empowers them to voluntarily decide not to testify against their partner on trial. The principle extends to protect a spouse from having to divulge private communications between partners as well.
Even if the prosecutor (or the spouse in question) wants a different outcome, a spouse has autonomy over their testimony when it relates to a married partner. When asserting spousal privilege not to testify, this applies whether or not the testimony would be helpful to the other spouse.
Exceptions to Privilege
As with everything in the legal world, there are some exceptions to this doctrine. There are some other situations where spousal privilege does not stand. For instance, a case that involves child abuse such as incest or inappropriate sexual misconduct toward a child (a person under the age of 18) is not protected by spousal privilege.
Additionally, marital privilege applies commonly in criminal cases where one spouse is a defendant in a criminal proceeding but not in civil cases. Other circumstances that make spousal privilege a matter of debate include paternity/support modifications, desertion or neglect of parental duties.
Should you have a question about marital privilege or how it could apply in your specific case, talk to our team at the Law Office of Patrick Conway.