Spousal testimonial privilege in dealing with domestic violence cases: A comparative analysis of the United States and Vietnamese legal frameworks.

This article focuses on the spousal testimonial privilege in criminal justice, comparing its development and application in the United States and Vietnam, particularly regarding domestic violence cases. In the U.S., spousal testimonial privilege—allowing a spouse to refuse to testify against the other—is well-established but includes significant exceptions, especially for crimes involving domestic violence, as codified in Rule 504(d) of the Uniform Rules of Evidence and Rule 504(c) of the Military Rules of Evidence. Conversely, Vietnamese law grants broader testimonial immunity to spouses, with victims not obligated to testify and no criminal liability for failing to report domestic violence, reflecting cultural and legal distinctions rooted in Vietnam's civil law tradition and Confucian influences. The article recommends that Vietnam consider adopting U.S.-style exceptions to spousal testimonial privilege to enhance the prosecution of domestic violence, alongside establishing victim protection mechanisms, based on comparative legal analysis and survey feedback from Vietnamese legal professionals.