Every person who has watched an episode of Law & Order or another courtroom drama has inevitably come across a scene where one spouse refuses to testify against the other. While dramatic courtroom scenes may work for good TV, how much of this privilege extends to real life, and what are the rules about spousal privileges in Pennsylvania?

What is Spousal Privilege?

Spousal privilege is a legal concept that recognizes the special relationship that people who are married have with each other. Spouses in a marriage should feel free to share things with each other openly without fear that what they say to their spouse can be held against them later on. However, this expectation of privacy between spouses is not absolute and can be limited in several ways.

In general, spousal privilege means that one spouse cannot be forced to testify against the other or about what the other said to them in confidence during either a criminal or a civil trial. The privilege is not a constitutional right and is not absolute. Exceptions to the privilege exist depending on the type of testimony, the type of case, and the circumstances surrounding the evidence.

Spousal Testimonial Privilege

In Pennsylvania, the law regarding spousal testimony privilege (42 Pa. Cons. Stat. 5913) states that in a criminal case, a spouse cannot be forced to testify against their legally married partner unless:

• The case is regarding the accused spouse's desertion or abandonment
• The case is regarding the accused spouse's violence against children related to the couple
• The case is regarding bigamy in the accused spouse's marriage
• The case is a criminal proceeding involving charges of murder, rape, or involuntary deviant sexual intercourse.

It is important to note that the privilege against testifying against your spouse is voluntary—while one spouse has the option not to testify against the other, that privilege can be waived if the testifying spouse so chooses.

Confidential Communications Privilege

In addition to a privilege against spousal testimony, Pennsylvania law also protects the contents of the conversations that married people have with each other (42 Pa. Cons. Stat. 5914). In this case, both participants in the conversation own the privilege and cannot testify as to what they talked about unless that privilege is waived at trial.

Not all conversations count as confidential marital conversations. Conversations that a married couple has in front of other people or out in public where they can be overheard are not privileged. The privilege also only covers conversations during the marriage—those had prior to marriage or after a divorce are not covered. However, divorce does not break the privilege, and the contents of a conversation that a now-divorced couple had during the course of their marriage would still be protected.

Get Help Protecting Your Rights at Trial

Spousal privilege in Pennsylvania means that the law recognizes a married couple's right to a private, confidential relationship. In many instances where one spouse is accused of a crime, the husband or wife will not be forced to choose between supporting their spouse and complying with the prosecution's demands. If you have been accused of a crime in Pennsylvania and are wondering how it will affect your spouse, retain an experienced criminal defense attorney with LLF Law Firm and learn more. Call 888.535.3686 today and speak with the LLF Law Firm now.