Someone posted this yesterday, mentioning that in regards to someone not having to testify against their spouse, it doesn’t include acts against minors IIRC. I’m summing that up terribly, sorry, I don’t remember all of the legal terms.
Are marriage licenses public info and available online? Hmmmm
Apologies if someone has already answered this. Short answer - you’re right, that’s the case in Georgia.
Long answer—
Under federal law, there are two spousal privileges. If LS were on trial, then one would be held by her (she holds the power) and one would be held by her spouse (he holds the power).
For the one the spouse holds, the current spouse (assuming valid marriage) can refuse to testify against their spouse. Neither the spouse nor the government can compel them to testify. I’m not aware of any exceptions under federal law. Under Georgia law, there is indeed the exception you refer to. I asked my friend and she found this reference:
“There are several important exceptions to the spousal immunity privilege in Georgia. These are found in Section 25-5-503 of the Georgia Code. You may be required to testify in the following scenarios: First, where one spouse is accused of committing a crime against a child under the age of 18. However, you can only be required to testify regarding the specific acts for which your partner is charged.”
For the one she holds, it applies to spousal communications. Meaning, her spouse couldn’t testify to their communications even if he wanted to. This does not apply to: 1) communications before they got married; or 2) acts of any kind, whether against a minor or otherwise. This means that if he chooses to, he could testify to anything she *did*. It basically just means that, if she confessed to him after they were married, she can prevent him from testifying about that. It also allows, for example, a battered spouse to testify against their spouse - “he hit me” is not a spousal communication. (Tangent…I’m not sure how verbal threats are handled, especially in restraining order cases. I’m still not aware of any exceptions.)
Edited to update with Georgia law after checking with a Georgia friend.