Rogers v. State

BURKE, Justice.

[T1] Jeremiah Rogers was charged by the State of Wyoming with third degree sex-

ual assault. His wife, LR, is the alleged victim of that assault. 1 Prior to trial, the State expressed its intent to call LR as a witness to testify against her husband. Mr. Rogers contended that LR was entitled to assert a marital privilege and could not be compelled to testify. The district court certified this question:

Can an alleged victim spouse be compelled by the State of Wyoming to testify against his or her spouse or does the witness-spouse alone have a privilege to refuse to testify…