State Bill Would Allow Spousal Testimony For Sex Crimes

Chicago family law attorneys will tell you that the marital communications privilege allows married couples to refuse to testify against one another with respect to things said or written, as explained by LawBrain. It is similar to the exceptions granted to communication between priest and penitent, attorney and client, and doctor and patient.

But a piece of state legislation may carve out an exception to this privilege in cases of suspected sex crimes against a child, the Morris Daily Herald reported.

Specifically, the bill (H.B. 5666) would expand the existing exception to allow a spouse to testify before a grand jury for his or her spouse's alleged sex crimes against a child. Current law holds that an individual can testify to otherwise privileged communications only once his or her spouse has been charged with a crime. The bill unanimously passed the House and only recently was read in the state Senate.

Even if one of the parents wants to testify about communications between the two, current law holds that the other must also waive his or her marital communications privilege, according to state Rep. Careen Gordon, D-Morris:

"In many cases involving sexual abuse, a child is going to one parent regarding the abuse but that parent cannot share the information with law enforcement when the other parent invokes the spousal privilege rule."

The language of the bill recognizes that children often have nowhere to turn if the non-abusing parent is unable to say anything to authorities. Ms. Gordon told reporters that the spousal privilege too often is used as a "muzzle" in such cases.

H.B. 5666 would amend the state's Code of Criminal Procedure to broaden the exemption. It is backed by the Illinois State Police and the Illinois State's Attorneys Association.

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