ยง575-4 - Evidence; marriage, paternity, etc.
ยง575-4ย Evidence; marriage, paternity, etc.ย
No other or greater evidence shall be required to prove the marriage of the
spouses, or that the defendant is the parent of the child or children, than is
required to prove such facts in a civil action.ย In no prosecution under this
chapter shall any statute or rule of law prohibiting the disclosure of
confidential communications between spouses apply, and both spouses shall be
competent and compellable witnesses to testify against each other to any and
all relevant matters, including the fact of such marriage and the parentage of
such child or children; provided that neither shall be compelled to give
self-incriminating evidence.ย Proof of the desertion of the spouse, child, or
children in destitute or necessitous circumstances, or of neglect or refusal to
provide for the support and maintenance of the spouse, child, or children,
shall be prima facie evidence that the desertion, neglect, or refusal is
wilful. [L 1925, c 164, ยง1; RL 1935, ยง4503; RL 1945, ยง12254; RL 1955, ยง328-4;
HRS ยง575-4; am L 1984, c 250, pt of ยง1]