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Court Testimony

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M

MsMesha

Guest
What is the name of your state? TX

Is bigamy a victimless crime? What is the sentence for a bigamist? In a criminal court proceeding, which wife can excersise the use of "not testifiy against spouse", the legal wife or illegal wife or does bigamy take away this right?
 


B

Boxcarbill

Guest
Bigamy is rarely prosecuted as Tom Green from Utah so clearly demonstrated. In fact, had Tom Green not have gone on television repeatedly, snubbing his nose at the D.A.. he most likely would not have been prosecuted. And, in fact, had it not been for the criminal non-support and the felony sexual assault of a 13 year old (one of the wives was 13 when they married) he may never have been prosecuted. That answers the question of whether bigamy is a victimless crime.)

Someone would have to raise the bigamy question, then it gets very complicated. The law (in Texas) presumes that the last marriage is valid. That is a rebuttable presumption. But then you get into putative wife. But in this case, since both the husband and the "putative wife" are both charged with criminal offense both have the right not to be compelled to testify against themselves (5th amendment.) So neither has to take the stand.
 

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