Mass. Gen. Laws » Part III Title II Chapter 233
Massachusetts General Laws

Mass. Gen. Laws ch. 233, § 20 (2026)

Competency of witnesses; husband and wife; criminal defendant; parent and child

✓ current as of July 2026
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Section 20. Any person of sufficient understanding, although a party, may testify in any proceeding, civil or criminal, in court or before a person who has authority to receive evidence, except as follows:

First, Except in a proceeding arising out of or involving a contract made by a married woman with her husband, a proceeding under chapter two hundred and nine D and in a prosecution begun under sections one to ten, inclusive, of chapter two hundred and seventy-three, any criminal proceeding in which one spouse is a defendant alleged to have committed a crime against the other spouse or to have violated a temporary or permanent vacate, restraining, or no-contact order or judgment issued pursuant to section eighteen, thirty-four B or thirty-four C of chapter two hundred and eight, section thirty-two of chapter two hundred and nine, section three, three B, three C, four, or five of chapter two hundred and nine A, or sections fifteen or twenty of chapter two hundred and nine C, or a similar protection order issued by another jurisdiction, obtained by the other spouse, and except in a proceeding involving abuse of a person under the age of eighteen, including incest, neither husband nor wife shall testify as to private conversations with the other.

Second, Except as otherwise provided in section seven of chapter two hundred and seventy-three and except in any proceeding relating to child abuse, including incest, neither husband nor wife shall be compelled to testify in the trial of an indictment, complaint or other criminal proceeding against the other;

Third, The defendant in the trial of an indictment, complaint or other criminal proceeding shall, at his own request, but not otherwise, be allowed to testify; but his neglect or refusal to testify shall not create any presumption against him.

Fourth, A parent shall not testify against the parent's minor child and a minor child shall not testify against the child's parent in a proceeding before an inquest, grand jury, trial of an indictment or complaint or any other criminal, delinquency or youthful offender proceeding in which the victim in the proceeding is not a family member and does not reside in the family household; provided, however, that for the purposes of this clause, ''parent'' shall mean the biological or adoptive parent, stepparent, legal guardian or other person who has the right to act in loco parentis for the child; provided further, that in a case in which the victim is a family member and resides in the family household, the parent shall not testify as to any communication with the minor child that was for the purpose of seeking advice regarding the child's legal rights.

Notes of Decisions
Cited in 142 cases (5 in the last 5 years), 1923–2026 · leading case: Green v. Cosby, 160 F. Supp. 3d 431 (D. Mass. 2016).
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Green v. Cosby, 160 F. Supp. 3d 431 (D. Mass. 2016). · cites it 10× “Deponent argued that the Massachusetts mari *433 tal disqualification rule, Mass. Gen. Laws ch. 233, § 20 , First, 3 prohibits any relevant testimony she could offer, and, even if she could provide admissible testimony, its value is outweighed by the undue burden of forcing her…”
Commonwealth v. Paszko, 461 N.E.2d 222 (Mass. 1984). · cites it 9× “The defendant claims that, because his wife was not advised at the time of her appearance before the grand jury of her statutory privilege not to testify against her husband, see G. L. c. 233, § 20, Second, the prosecution should have been precluded from using that testimony for…”
In re a Grand Jury Subpoena, 849 N.E.2d 797 (Mass. 2006). · cites it 11× “In the present appeal, we are called on to decide whether the spousal privilege set forth in G. L. c. 233, § 20, Second, applies to a witness summonsed to appear before a grand jury.”
Three Juveniles v. Commonwealth, 455 N.E.2d 1203 (Mass. 1983). · cites it 6× “G.L.c. 233, § 20, First. It has granted one spouse the right to elect not to testify against the other spouse in a criminal proceeding (except in a proceeding relating to child abuse or in an action for nonsupport).”
Commonwealth v. Maillet, 511 N.E.2d 529 (Mass. 1987). · cites it 6× “In this appeal, the defendant argues that (1) by permitting his wife to refuse to testify in his behalf, the judge erroneously allowed her claim of the spousal privilege, G. L. c. 233, § 20, Second (1984 ed.); 1 and (2) the judge *573 erred in declining to enter a finding that…”
In re Grand Jury Subpoena, 912 N.E.2d 970 (Mass. 2009). · cites it 3× “See G. L. c. 233, § 20, First and Second (spousal privilege).”
Commonwealth v. Walker, 780 N.E.2d 26 (Mass. 2002). · cites it 3× “bias on Yashica’s part by not allowing him to ask her in cross-examination about the fife sentences that could be imposed on her for convictions of murder in the first degree and armed robbery; and (5) the judge erred in allowing a police detective to recount a private…”
Commonwealth v. Szczuka, 464 N.E.2d 38 (Mass. 1984). · cites it 5× “The defendant’s wife testified at trial as a witness for the Commonwealth, waiving her privilege under G. L. c. 233, § 20, Second, not to testify.”
In re Grand Jury Investigation, 819 N.E.2d 171 (Mass. 2004). · cites it 9× “The son and the daughter each filed a motion to quash a duces tecum summons served on them, on the ground that each is prohibited from testifying against their father pursuant to G. L. c. 233, § 20, Fourth. 2 The Commonwealth opposed the *22 motions, arguing that G.”
Burrell v. Hampshire Cnty., 307 F.3d 1 (1st Cir. 2002). “Mass. Gen. Laws ch. 233, § 20 (2002), applied in federal proceedings through Fed.”
Commonwealth v. Daye, 469 N.E.2d 483 (Mass. 1984). · cites it 2× “See also G.L.c. 233, § 20 (Legislature requires testimony of immunized witnesses be corroborated).”
Commonwealth v. Sugrue, 607 N.E.2d 1045 (Mass. App. Ct. 1993). · cites it 6× “The basis for the judge’s ruling was the disqualification of husbands and wives to testify as to private, marital conversation pursuant to G. L. c. 233, § 20. 3 In the defendant’s motion for a new trial, his new counsel argues that this conversation should have been admitted to…”
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