In a 2004 BAR scenario, XYZ is charged with child prostitution and wife ABC testifies and file affidavits against her husband. May the court admit ABC’s testimony and affidavits in light of espousal confidentiality?

• A. Yes; the testimony is admissible because the crime involves ABC’s daughter and is not covered by marital privilege.
• B. No; espousal confidentiality bars the testimony.
• C. Yes; always admissible in any case.
• D. No; requires spouse consent.

Answer: (A)

Espousal confidentiality protects confidential communications between spouses, not every piece of evidence about a spouse’s conduct. When the issue is a crime against a child, the evidence is not a protected marital communication, so it can be admitted. Here, ABC testifies and files affidavits about XYZ’s acts toward their daughter—an offense against a minor—so those statements fall outside the scope of the privilege. The court may admit them to prove the crime, even though a general spouse-communication privilege exists. The other options mistake the scope of the privilege or demand spousal consent, which isn’t how admissibility works in this context.