head
KMKM LAW GROUP, P.C. | 215-266-8544 (DIRECT LINE | 24/7)

Can a wife or husband testify against the other?

The answer is no. A potential client just asked me the question.  A person got arrested for something that his girlfriend told the police in a statement.  The only way he can be convicted in the case would be to have the girlfriend testify.  He cannot force or threaten the girlfriend not to testify since that could lead to more charges such as intimidation of a witness. So what to do? Well he can marry her. A spouse cannot be forced to testify against the other. Pennsylvania law forbids it. It is called the spousal privilege.  Wow what a reason to get married!