The Case Of Non-Consensual Sex In New Jersey
An appellate court in New Jersey, USA, has reversed a judgment of a lower court in New Jersey. The case concerns a Muslim couple who had migrated from Morocco to New Jersey a month after their arranged marriage in July 2008, when the wife was only 17. The wife’s allegations of abuse included non-consensual sex, despite her cries. She said that he always told her that according to their religion she should submit to anything he wanted her to do. He later divorced her in the presence of his mother and an imam.
The Lower Court’s Judgment
The trial judge found that there was evidence of harassment and abuse. He acknowledged that in this case there was a clash between religious custom and the law, and that under the law the wife had a right to refuse her husband’s sexual advances. However, he stated that, “This court does not feel that, under the circumstances, this defendant had a criminal desire to or intent to sexually assault or to sexually contact the plaintiff when he did. The court believes that he was operating under his belief that it is, as the husband, his desire to have sex when and whether he wanted to, was something that was consistent with his practices and it was something that was not prohibited”.
The judge then removed restraining orders on the husband.
The Appellate Court’s Judgment
This court took a different view. It said that “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 the defendant from the operation of the State’s statutes as the result of his religious beliefs. In doing so, the judge was mistaken”.
The appellate court sent the case back to have the lifting of the restraining order reconsidered because the woman was pregnant and so, despite the divorce, contact between the man and the woman was likely.
Think About It
Should any man use religion as an excuse to ride roughshod over his wife under any circumstances? If a religious practice allows him to do so, should not that practice or religion be questioned? How should the law be applied when there is conflict between the law and religious precepts?
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