“If I marry her, she can’t testify against me.”

“If my girlfriend is forced to show-up at trial, can I marry her and prevent her from testifying against me?”

Besides wondering how long a marriage like this would last, the answer is no. Obviously this myth has its basis in truth from the husband-wife privilege.82 But the privilege only applies to conversations made during the marriage, not before.83 It does not apply when the husband or wife are victims of the other’s criminal act,84 observe the other’s criminal activity85 or to any non-verbal acts. And it only applies to those conversations where there exists an expectation of privacy86 in what is said, and the privilege can only be asserted during a testimonial proceeding.87