STATE v. ANDERSON

No. 00-1081.

636 N.W.2d 26 (2001)

STATE of Iowa, Appellee, v. Mark Allan ANDERSON, Appellant.

Supreme Court of Iowa.

November 15, 2001.


Attorney(s) appearing for the Case

Lawrence F. Scalise, Jennifer Jaskolka-Brown, and Jill Mataya-Corry of Sullivan & Ward, P.C., Des Moines, for appellant.

Thomas J. Miller, Attorney General, Mary E. Tabor and Virginia Barchman, Assistant Attorneys General, and John E. Schroeder, County Attorney, for appellee.


CADY, Justice.

The primary issue we face in this appeal is whether the child abuse exception to the marital communications privilege applies to testimony presented in a criminal trial charging statutory rape by a person not responsible for the care of the child-victim. We conclude the district court erred in admitting evidence of marital communications under the facts of this case. We reverse the judgment and sentence of the district court, and remand the case for...

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