Legal Question in Family Law in Virginia
Retracting what Ive said...
I was recently a victim of spousal rape, where my husband refused to let me leave his apartment, beat me, dragged me into the bedroom and raped me. I told my friends and they called the police when I got home. I didn't call the police, make a written statement, or agree to the rape kit, though I did tell the detective what happened. If I refuse to testify, will I face any punishment? I don't think jail is the best thing for what my husband needs.
1 Answer from Attorneys
Re: Retracting what Ive said...
Unfortunately, the spousal immunity privilege does not apply where the crime of rape has been alleged.
Nonetheless, the Commonwealth will not be able to prosecute the matter successfully without your testimony, and if you are not available on the day of trial to testify they will have to ask the court either to continue the matter to another date or dismiss it. If the latter occurs due to your unavailability as a prosecution witness, the prosecutor could then ask the court to issue a rule against you to appear and explain why you should not be found in contempt of court for failing to appear and testify at the trial. (The foregoing would only apply, however, if you had been served with a subpoena to appear as a prosecution witness.)
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