QUESTION
Does the wife have to testify against her husband in child sexual abuse cases?
Asked on Apr 17th, 2013 on Criminal Law - Michigan
More details to this question:
As a nurse and mother, when my daughter reported to me that my husband had been sexually abusing her, I didn't question her. I reported it to police to investigate. He is now facing 8 counts of child abuse. How do I get the county attorney to drop or at least reduce charges and allow for probation instead?
8 ANSWERS
The spousal privilege only applied to statements made to the spouse. The spouse can be called as a witness to activities of the other spouse and be charged with contempt of court if not testifying truthfully.
Answered on Apr 18th, 2013 at 8:24 PM
Criminal Defense Attorney serving Alhambra, CA
at
Francis John Cowhig
Update Your Profile
Unfortunately, you probably can't. Once a police report has been made, the allegations and charges are sent to the District Attorney to determine whether to file charges with the court. The decision to file charges, reduce charges, prosecute a case or dismiss a case is solely at the discretion of the District Attorney or Prosecuting Attorney. If you wish to have the charges reduced, dropped or dismissed, you should talk with the D.A. However, the final decision will be up to the D.A.
Answered on Apr 18th, 2013 at 7:47 PM
Michael J. Breczinski
In most matters involving children they have abolished the spousal privilege against testifying.
Answered on Apr 18th, 2013 at 1:23 AM
Thomas Edward Gates
If he is facing 8 counts, it is not likely the prosecutor will drop the charges. The prosecutor may reduce the counts for a plea of guilty, but in any case he will likely serve jail time before probation is offered.
Answered on Apr 17th, 2013 at 9:50 PM
James Edward Smith
You have no control other than invoking the spousal privilege.
Answered on Apr 17th, 2013 at 9:33 PM
Criminal Defense Attorney serving Bloomfield Hills, MI
Partner at
Law Offices of Marshall S. Tauber
2 Awards
Once it is reported and charges are issued there is little one can do to influence the process.
Answered on Apr 17th, 2013 at 9:27 PM
Criminal Law Attorney serving Oakland, CA
at
Law Office of Jared C. Winter
Update Your Profile
There is nothing you can do to force the prosecuting attorney to drop the charges or to reduce the offers they are making. You can let them know your feelings about what you would like to see happen in the case, but that will not force them to do anything. Regarding your question about testifying, you may be able to invoke spousal privilege, but you'll need to consult with a local attorney about this. The laws of spousal privilege vary from state to state and the specific facts of each case will determine whether or not the privilege applies.
Answered on Apr 17th, 2013 at 9:21 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
Once you involved the police the charge is up to the prosecutor. Your husband, and yourself need separate attorneys.
Answered on Apr 17th, 2013 at 8:42 PM