Raising the curtain : the proposed evidence code and the compellability of spouses in domestic violence cases Norton, Jane
Material type:
- 0067-0510
Auckland University Law Review 9(3) 2002 : 1054-1072
This article examines the proposed Evidence Code, examining whether the abolition of spousal non-compellability would be a desirable outcome. Effectively this would mean that a spouse would be compelled to give evidence against their partner should that partner stand accused of committing an act of violence against them. A critical discussion is presented, which includes arguments in favour of both non-compellability and compellability. Issues of the sanctity of marriage and revictimisation, along with criticisms, are explored in favour of non-compellability. Duty to testify, and domestic violence as a public matter, are explored in favour of compellability arguments, also with criticisms. It is concluded that compellability be adopted, but with a mechanism that grants a witness an exemption from testifying. This approach allows flexibility for cases where testifying would put the relationship or the individual at unnecessary risk.