Spousal Privilege/Playing With

Everything About Fiction You Never Wanted to Know.


  • Basic Trope: A spouse doesn't have to testify against his/her spouse in court.
  • Played Straight: Alice and Bob are Happily Married, and Bob is charged with Arson, Murder, and Jaywalking. Alice doesn't have to testify against him.
  • Exaggerated: The police aren't even allowed to question Alice, and she isn't even allowed to testify in court (even for Bob.)
  • Justified: Alice and Bob live in a time or place where Alice's legal identity is superseded by Bob's; having her testify would be like Bob testifying at his own trial.
    • The law recognizes that under "innocent until proven guilty," compelling Alice to testify against Bob could harm their marriage and family if Bob is innocent, or if he is released from Prison.
  • Inverted: Alice is compelled or forced to testify against Bob, whether she wants to or not.
  • Subverted: Alice is angry with Bob and decides to testify against him.
  • Double Subverted: But then has second thoughts about doing so.
  • Deconstructed:
  • Reconstructed:
  • Parodied:
  • Lampshaded: "I don't have to testify against my husband!"
  • Averted: See "inverted"
  • Invoked: Alice is Bob's accomplice, and Bob marries her so she won't be compelled to testify against him if and when they're ever caught.
  • Defied: See "subverted"
    • The law where Alice and Bob live only invokes this privilege for conversations and actions done during the marriage; anything that happened while Alice and Bob were just boyfriend and girlfriend is fair game, and they can be compelled to testify about it.
  • Discussed: "If we get married, Alice, you don't have to say anything to the police!"
  • Convered: "That's not how the legal system works..."
  • Played For Laughs:
  • Played For Drama: Almost always is.