Supreme Court: Wife must testify against husband

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By The Associated Press

Story Published: Jul 31, 2008 at 4:29 PM MST

Story Updated: Jul 31, 2008 at 4:29 PM MST

CHEYENNE, WYOMING - The Wyoming Supreme Court has ruled that state prosecutors can force a husband or wife to testify against their spouse in some cases.

The Supreme Court issued a ruling Thursday in a Cheyenne case in which a man in his 20s fathered a child with a 15-year-old girl. The couple got married after the child was born. Under Wyoming law, a child under the age of 16 may not consent to have sex with anyone more than four years older than themselves.

Laramie County prosecutors charged the man with third degree sexual assault, but his wife declined to testify. The court ruled that although married couples can't be forced to testify against each other, that doesn't apply in cases where one is charged with committing a crime against the other.

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