Tuesday, October 4, 2011

New Jersey: "Sharia Law" versus two decades of freedom

I mentioned a month ago that I would address one of the threats of "Sharia Law" brought up in a video by Retired Lt Gen Jerry Boykin.  He said that a judge ruled that a man could beat his wife, because of Sharia Law.  However the case was a request for a restraining order for a woman against her husband.  In June 2009 the judge did not rule that the man could do these things, but that he did not have a "criminal desire to or intent to sexually assault" his wife.  According to the man's religion a woman had no right to refuse him, therefore his assaults were not rape.

For obvious reasons his wife wanted a restraining order against him.  She was denied.  However a New Jersey Appellate Court overturned the previous judges decision in August 2010.  They ruled that the husband's religious beliefs were irrelevant.

I have an unusual perspective. In 1977 a rapist scumbag walked into a New Jersey Court Room and argued successfully that he could not have raped his spouse, because spousal rape was impossible under common law.   The Appellate Court upheld the ruling.  In 2009, another rapist scumbag walked into a New Jersey Court Room and argued successfully that he could not have raped his spouse, because spousal rape was impossible according to his religion. Fortunately this one was overturned by an Appellate Court.  Two things:

  1. From at least 1736 to sometime in the 80's or early 90's, spousal rape was perfectly legal in New Jersey.   This horrid period was over two centuries.  We are Americans and we beat it.  Since 1993, all fifty states have outlawed spousal rape.  "Sharia Law" will unlikely restore the previous status quo after women have enjoyed almost twenty years of rape protection.
  2. This is your case?  It is not even an assault case.  It was a case for a restraining order, where the guy was deemed not to be a threat since he was not motivated to harm her anymore.  As dangerously silly as that ruling was, it was overturned.  Why? Because despite problems in American Law, New Jersey has chosen that the Bible or Quran does not give you permission to rape your spouse.  

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