State v. Anderson

CADY, Justice.

The primary issue we face in this appeal is whether the child abuse exception to the marital communications privilege applies to testimony presented in a criminal trial charging statutory rape by a person not responsible for the care of the child-victim. We conclude the district court erred in admitting evidence of marital communications under the facts of this ease. We reverse the judgment and sentence of the district court, and remand the case for a new trial.

I. Background Facts and Proceedings.

The circumstances leading to this criminal prosecution date back to the summer of…