                                 CODE OF VIRGINIA

TESTIMONY OF SPOUSES IN CRIMINAL CASES (SUBSECTION (B) OF SUPREME COURT RULE
2:504 DERIVED FROM THIS SECTION) (§ 19.2-271.2)

In criminal cases, persons married to each other shall be allowed, and, subject
to the rules of evidence governing other witnesses, may be compelled to testify
in behalf of each other, but neither shall be compelled to be called as a
witness against the other, except (i) in the case of a prosecution for an
offense 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 charged with
forgery of the name of the other or uttering or attempting to utter a writing
bearing the allegedly forged signature of the other; or (iii) in any proceeding
relating to a violation of the laws pertaining to criminal sexual assault (§§
18.2-61 through 18.2-67.10), crimes against nature (§ 18.2-361) involving a
minor as a victim and provided that the defendant and the victim are not married
to each other, incest (§ 18.2-366), or abuse of children (§§ 18.2-370 through
18.2-371). The failure of either spouse to testify, however, shall create no
presumption against the accused, nor be the subject of any comment before the
court or jury by any attorney.
		Except in the prosecution for a criminal offense as set forth in clause (i),
(ii), or (iii), in any criminal proceeding, a person has a privilege to refuse
to disclose, and to prevent anyone else from disclosing, any confidential
communication between his spouse and him during their marriage, regardless of
whether he is married to that spouse at the time he objects to disclosure. For
the purposes of this section, &#8220;confidential communication&#8221; means a
communication made privately by a person to his spouse that is not intended for
disclosure to any other person.

HISTORY: 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; 2020, c. 900.