Villalta v. Commonwealth

At the heart of this appeal is the question whether Brenda Villalta (wife) may be compelled to testify against her husband, Jose M. Villalta-Duarte (defendant), at the trial of criminal charges pending against him. The defendant is charged with rape of a child under sixteen years of age, assault with intent to rape such a child, indecent assault and battery on such a child, and assault and battery on such a child. There is *430no statement of agreed facts, but the relevant facts are not in dispute. The alleged victim was a two year old girl, unrelated to the wife or the husband, who periodically…