In this divorce case, the plaintiff has no valid Fifth Amendment privilege against self-incrimination as to any acts of adultery that occurred more than one year ago.
In Virginia, adultery is a Class 4 misdemeanor, punishable by a fine of up to $250, unless such adultery involves another whom the person is forbidden to marry, in which case it is a Class 1 misdemeanor with a penalty of up to 12 months in jail and/or a fine of up to $2500. A one-year statute of limitations applies to misdemeanor adultery offenses.
Acts of adultery that occurred more than one year prior to the date of the plaintiff’s discovery response could not be used as a basis for a criminal prosecution of under Virginia law. Therefore, the plaintiff can’t claim a privilege against self-incrimination as to such acts. But the plaintiff hasn’t waived the privilege for acts that may have occurred after that date.
Motion to compel granted in part and denied in part.