Crying can be used as evidence against spouse, court rules

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Mug shot of Lesiba Simon Matsoake courtesy of WTKR

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RALEIGH, N.C. (October 20, 2015) — When a husband or wife cries, can their tears be used as evidence against them?

Yes, the North Carolina Court of Appeals says in one case, ruling Tuesday that crying isn’t protected by confidential communication between spouses.

The case involves Lesiba Simon Matsoake, an alleged serial rapist. He appealed his 2014 conviction for a rape that occurred in June 2003.

His now ex-wife, Ruth Hart, testified that she first became suspicious of her husband when he started crying while looking at a composite sketch of the attacker, presumably a drawing that looked like him.

Matsoake appealed his conviction, but the appeals court said the spousal protection only covers spoken words – not crying

Matsoake is also accused of several sexual assaults in Virginia.

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