Back when this blog first started, I used to do a late night snack post where I gave you just a little somethin’ somethin’ an I always used the Ben and Jerry’s photo.
Tonight, I just want to explain one of those things I HAVE EXPLAINED A MILLION TIMES.
It’s about the concept of spousal privelege and how it applies to people like Phaedra and Apollo.
Are you ready? Because a bunch of you think you know, but you don’t know.
First of all, Spousal Privilege is a legal PRIVELEGE. A privilege is a special right. It’s not a special gag order. Spousal privilege is a SPECIAL RIGHT that married people have where they CANNOT BE FORCED TO TESTIFY AGAINST THEIR SPOUSE.
The fact that they can’t be forced to testify lead you people to keep saying that Phaedra and Apollo are not going to divorce because of spousal privilege. That’s ridiculously stupid. The privilege means THEY CANNOT BE FORCED TO TESTIFY! People testify against their spouses all the time. Phaedra could have testified against Apollo if she wanted to. She chose not too. Apollo could have testified against Phaedra if he wanted to. He chose not to.
Both Phaedra and Apollo have spousal privilege which means IF one was aware of the other’s illegal activity, they don’t HAVE to say anything. This remains to be true through divorce or even death of the spouse.
Divorce changes nothing with respect to any criminal activity that may have occurred during a marriage. The privilege only covers events and conversations that occurred while they were married. But again, it just gives THE CHOICE not to testify if they don’t want to.
If both parties were complicit, they would not be as likely to testify in the first place. If a spouse enacts the privilege in court, that would mean the wanted to protect their spouse, or they were in on it or they were afraid to speak.
That did not and likely will not have any bearing on Apollo Nida’s case.
You are always free to testify against a spouse who is involved in a crime. It happens more often than not. Apollo did not incriminate Phaedra. Phaedra would never have been called to testify, because Apollo took a plea deal.