United States v. Bahe

LOGAN, Circuit Judge.

The government’s appeal of a pretrial order in this child sexual abuse ease raises difficult problems involving the marital communications privilege. The district court granted a defense motion to prevent defendant’s wife from testifying about a physical act by her husband which signifies his interest in initiating sexual intercourse. We resolve the appeal by adopting an exception to the privilege for crimes committed against a minor relative in the defendant’s household. Thus we reverse the district court’s order.

I

Defendant James Bahe, Sr., an Indian, was indicted on a…