The spousal privilege prevents a spouse or partner in a civil union of the accused from testifying against the accused. N.J.S.A. 2A:84A-17(2) and N.J.R.E. 501(2). One exception to the privilege is when "the accused is charged with an offense against the spouse or partner, a child of the accused or of the spouse or partner, or a child to whom the accused or the spouse or partner stands in the place of a parent." N.J.S.A. 2A:84A-17(2)(b) and N.J.R.E. 501(2)(b). The court in this opinion determines that the term "child" in the spousal privilege exception refers to an unemancipated child.
