Q: Is it just that in a criminal case like domestic assault, spousal privilege “may not be claimed” but still could be?
Or is it saying that in a criminal case that spousal privilege cannot be exercised?
A: Spousal privilege cannot be claimed. The idea of it as a defense in a criminal matter (domestic assault, sex trafficking, drugs) is really no longer valid. Some communication may be excluded or barred, but over the year the privilege has been eroded.
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