Can I legally record a conversation with my husband in our home?

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Can I legally record a conversation with my husband in our home?

My husband has been sexually abusing me in my sleep for years. He recently

tried to drug me. If I record my husband and I having a conversation in which he discusses and admits the abuse, would it hold up in court? Would it be best to file a domestic violence charge or divorce papers first? We have children, so would the recording be admissible in a custody hearing?

Asked on March 21, 2016 under Family Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Unfortunately, your state is an "all party consent" state (often incorrectly called a "two-party consent" state), which means that ALL parties to (that is, participants in) a conversation must agree to its recording. If your husband agrees to let you record, you could use the conversation in court, but not otherwise--and since asking him to let you record him could potentially incite him to violence, that may not be something you wish to do.
What you describe is not "just" domestic violence--it is rape, and is a very serious crime. You should probably go to the police first to press charges and seek a protective order, then file for a divorce as soon thereafter as possible.


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