Does the anti-marital facts privilege apply where the victim of a domestic violence crime and the victim's children are the victims of the crime?

In United States v. Allery, 526 F.2d 1362, 1366-67 (8th Cir.1975) our sister circuit reached the same conclusion in a similar case. Allery held that the anti-marital facts privilege does not apply where the spouse or his or her children are the victims of the crime because applying the privilege in such a case is inconsistent with the policies underlying it. Id. at 1366. Although Allery involved the anti-marital facts privilege, its rationale is applicable here. See Trammel v. United States, 445 U.S. 40, 46 n. 7, 100 S.Ct. 906, 910 n. 7, 63 L.Ed.2d 186 (1980) (exceptions to the anti-marital facts privilege are similar to exceptions to the marital communications privilege). Protecting threats against a spouse or the spouse's children is inconsistent with the purposes of the marital communications privilege: promoting confidential communications between spouses in order to foster marital harmony.