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Cultural defense accepted as to nonconsensual sex in New Jersey trial court, rejected on appeal

By Alliance Alert

Eugene Volokh writing at The Volokh Conspiracy: "From today?s opinion in S.D. v. M.J.R. (N.J. Super. Ct. App. Div.), a domestic restraining order case   . . . 'The record reflects that plaintiff, S.D., and defendant, M.J.R., are citizens of Morocco and adherents to the Muslim faith. They were wed in Morocco in an arranged marriage on July 31, 2008, when plaintiff was seventeen years old. The parties did not know each other prior to the marriage . . . Upon their return to the apartment, defendant forced plaintiff to have sex with him while she cried . . . Defendant?s conduct in engaging in nonconsensual sexual intercourse was unquestionably knowing, regardless of his view that his religion permitted him to act as he did. As the judge recognized, the case thus presents a conflict between the criminal law and religious precepts. In resolving this conflict, the judge determined to except defendant from the operation of the State?s statutes as the result of his religious beliefs. In doing so, the judge was mistaken.' . . . "

Full post as published by Constitutionally Correct on July 26, 2010 (boomark / email).