Generally defined spousal privileges are a legal rule that prevents a spouse from being forced into another. This article briefly shows that this legal principle applies to criminal proceedings in the case of domestic violence in South Carolina.
The spouse's privilege is based on S.C. code 19-11-30. This stipulates that spouses can not be compelled to testify about communication. Under the CDV procedure, the spouse's "owner" is the spouse who is the alleged victim or other witness. This means that it can be waived at its own discretion. This is different from other types of copyright owner, such as lawyer clients, which can only be waived by the client.
The spouse's privilege is only for those who are currently legally married. One of the requirements for domestic violence is that there is a household membership relationship between the defendant and the alleged victim. Household members, including spouses, former spouses, common children, and those who are now or have been officially living together. This broad definition refers to a number of relationships where the spouse's privilege can not be applied. South Carolina CDV may be based on one of three types of claims: 1) Undesirable touching; 2) an attempt was made with an unwanted touch; or 3) a threat that would not be the desired touch.
Examples of unwanted touches include things such as pulling a mobile phone from someone's hands, throwing objects, pushing, pulling, or actually knocking. There is no need for any unwanted touch to cause physical injury.
The right to marry in South Carolina is only for communication between spouses. It covers things like conversations, emails, letters, and text messages. Our Statute does not cover spouses' knowledge of physical acts or other events that are independent of communication with their spouse
Since the privilege applies only to communication and not to physical acts, this does not apply to the testimony of CDV opinions, which may be undesirable or unwanted to touch. However, this also extends to communication that is undesirable. For example, by spousal cushion or cushioning but disappearance, both are potential cases of domestic violence for which the spouse's privilege can not be applied. But someone who says to your spouse that "I will reach you with a pillow" would be communication and the Court could not demand from your spouse to testify about communication.
can make a decision that can only be given by the spouse whom the prosecution has called as a witness. The defendant or the defendant's lawyer may not raise. However, it is important that the defendant, even though he is a legal adviser, is ready to support the judicial office in promoting the spouse's privilege.
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