19.2-271.2 - Testimony of husband and wife in criminal cases. - Virginia Statutes

§ 19.2-271.2. Testimony of husband and wife in criminal cases.

In criminal cases husband and wife shall be allowed, and, subject to therules of evidence governing other witnesses, may be compelled to testify inbehalf of each other, but neither shall be compelled to be called as awitness against the other, except (i) in the case of a prosecution for anoffense committed by one against the other, against a minor child of either,or against the property of either; (ii) in any case where either is chargedwith forgery of the name of the other or uttering or attempting to utter awriting bearing the allegedly forged signature of the other; or (iii) in anyproceeding relating to a violation of the laws pertaining to criminal sexualassault (§§ 18.2-61 through 18.2-67.10), crimes against nature (§ 18.2-361)involving a minor as a victim and provided the defendant and the victim arenot married to each other, incest (§ 18.2-366), or abuse of children (§§18.2-370 through 18.2-371). The failure of either husband or wife to testify,however, shall create no presumption against the accused, nor be the subjectof any comment before the court or jury by any attorney.

Except in the prosecution for a criminal offense as set forth in (i), (ii) or(iii) above, in any criminal proceeding, a person has a privilege to refuseto disclose, and to prevent anyone else from disclosing, any confidentialcommunication between his spouse and him during their marriage, regardless ofwhether he is married to that spouse at the time he objects to disclosure.For the purposes of this section, "confidential communication" means acommunication made privately by a person to his spouse that is not intendedfor disclosure to any other person.

(Code 1950, § 8-288; 1950, p. 664; 1958, c. 231; 1960, c. 469; 1977, c. 624;1988, c. 482; 1993, c. 637; 1996, c. 423; 2005, c. 809.)