Siravo

Michael James Siravo was convicted by a jury of sexually assaulting his wife’s housemate. The primary issue on appeal is whether the trial court properly compelled Mrs. Siravo’s testimony after she asserted the marital privilege. (Evid. Code, § 970.) We conclude that there is no marital testimonial privilege here because the victim was a “cohabitant” of appellant’s spouse. (Evid. Code, § 972, subd. (e).) Thus, we find no error in the trial court’s ruling on the issue of privilege, nor in any other ruling as to which appellant claims error, and affirm the judgment.

Facts

On the night of December 28, 1985, Jaynee K. was alone in her bedroom when appellant opened the door to her room. She was able to see who it was by the hall light and streetlight which illuminated her room.

The victim, Ms. K., shared an apartment unit with a coworker, appellant’s estranged wife, Ingrid Siravo. The victim had encountered appellant in the apartment on a few prior occasions, when he was visiting his wife. Ms. K. was polite to him, but did not see him socially, nor did she have any interest in doing so. On the night of the attack, she heard appellant arrive at the apartment and talk to his…