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, "confidential communication" means a communication made privately by a person to his spouse that is not intended for disclosure to any other person.
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.
Structure Code of Virginia
Title 19.2 - Criminal Procedure
Chapter 16 - Evidence and Witnesses
§ 19.2-267.1. Authority of law-enforcement officer to issue summons to witness; failure to appear
§ 19.2-267.2. Response to subpoena for information stored in electronic format
§ 19.2-268. Right of accused to testify
§ 19.2-268.3. Admissibility of statements by children in certain cases
§ 19.2-269. Convicts as witnesses (Supreme Court Rule 2:609 derived from this section)
§ 19.2-269.1. Inmates as witnesses in criminal cases
§ 19.2-269.2. Nondisclosure of addresses or telephone numbers of crime victims and witnesses
§ 19.2-270. When statement by accused as witness not received as evidence
§ 19.2-270.1. Use of photographs as evidence in certain larceny and burglary prosecutions
§ 19.2-270.1:1. Computer and electronic data in obscenity, etc. cases; access to defendant
§ 19.2-270.3. Admissible evidence as to identity of party presenting bad check, draft or order
§ 19.2-270.4. When donation, destruction, or return of exhibits received in evidence authorized
§ 19.2-270.4:1. Storage, preservation and retention of human biological evidence in felony cases
§ 19.2-270.5. DNA profile admissible in criminal proceeding
§ 19.2-271.1. Competency of spouses to testify
§ 19.2-271.4. Privileged communications by certain public safety personnel
§ 19.2-271.5. Protected information; newspersons engaged in journalism
§ 19.2-271.6. Evidence of defendant's mental condition admissible; notice to Commonwealth
§ 19.2-273. Certificate that witness is needed in another state; hearing
§ 19.2-274. When court to order witness to attend
§ 19.2-276. Penalty for failure to attend and testify
§ 19.2-277. Summoning witnesses in another state to testify in this Commonwealth
§ 19.2-279. Penalty for failure of such witnesses to testify
§ 19.2-280. Exemption of such witnesses from arrest or service of process