Cultural Defense Accepted as to Nonconsensual Sex in New Jersey Trial Court, Rejected on Appeal

In a domestic violence case involving a Muslim couple living in New Jersey, a Judge found that the defendant did not act with a criminal intent when he repeatedly insisted upon intercourse, despite plaintiff’s contrary wishes: the defendant had told his wife “this is according to our religion, you are my wife, I c[an] do anything to you, the woman, she should submit and do anything I ask her to do”: the Appellate Court overturned the Judge’s ruling, writing: “the judge determined to except defendant from the operation of the State’s statutes as the result of his religious beliefs” adding, “in doing so, the judge was mistaken”.

via:[http://volokh.com/2010/07/23/cultural-defense-accepted-as-to-nonconsensual-sex-in-new-jersey-trial-court-rejected-on-appeal/]

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