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Cultural Defense in Ontario Marital Sexual Assault Case Draws Appeal
Aljemeiner ^ | November 29, 2017 | Steven Emerson

Posted on 11/30/2017 5:06:19 AM PST by SJackson

Canadian prosecutors have appealed a judge’s ruling acquitting a Palestinian Muslim of sexually assaulting his own wife, because of cultural beliefs that the wife should consent any time he wanted, the Ottawa Citizen reports.

It initially appeared to the Investigative Project on Terrorism (IPT) that the deadline for such an appeal passed last week, but that may have been due to some technical legal issues, including those protecting the identities of the people involved, said Scott Newark, a former Alberta Crown Prosecutor and Vice Chair of the Ontario Office for Victims of Crime, who has written about the case for the IPT.

The ruling, Newark wrote earlier this month, placed religious and cultural beliefs above secular law. And it ignored provisions in Canadian law that say ignorance of the law is not a defense.

“Internal procedures aside,” Newark said Friday, “this is very good news for the people of Ontario and indeed Canada, as it means this critically important issue is still before the courts — and that the Government of Ontario is defending our secular rule of law.”

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The identity of the couple involved is protected under Canadian law. The case began after they separated and, during custody talks, the wife described a 2002 incident in which she said her husband forced her onto a couch, pulled off her clothes and forced sex on her — despite three instances in which she told him to stop.

Ontario Superior Court Justice Robert Smith described her as a credible witness and found the husband’s testimony unreliable. But he acquitted the husband anyway, saying that prosecutors failed to prove that he had the required criminal intent — i.e., that he knew the assault was a crime despite any cultural or religious mores.


TOPICS: Culture/Society; News/Current Events; War on Terror
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1 posted on 11/30/2017 5:06:19 AM PST by SJackson
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To: dennisw; Cachelot; Nix 2; veronica; Catspaw; knighthawk; Alouette; Optimist; weikel; Lent; GregB; ..
Middle East and terrorism, occasional political and Jewish issues Ping List. High Volume

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acquitting a Palestinian Muslim of sexually assaulting his own wife, because of cultural beliefs that the wife should consent any time he wanted

Presumably this legalizes cultural beliefs to rape infidel women and kill Jews, other infidels if Jews aren't convenient.

2 posted on 11/30/2017 5:07:50 AM PST by SJackson (The Pilgrims—Doing the jobs Native Americans wouldn’t do !)
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To: SJackson

When a civilization surrenders any aspect of its laws to satisfy a foreign component, they have nullified all sovereignty and right to justly rule their citizenry.


3 posted on 11/30/2017 6:24:46 AM PST by rjsimmon (The Tree of Liberty Thirsts)
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To: SJackson

Under this judge’s logic, beheading would be legal.


4 posted on 11/30/2017 6:40:39 AM PST by Real Cynic No More
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To: Real Cynic No More

I’m waiting for a judge to declare that “honor killing” is legal if culturally required.


5 posted on 11/30/2017 6:43:48 AM PST by PapaBear3625 (Big governent is attractive to those who think that THEY will be in control of it.)
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To: Real Cynic No More
beheading would be legal

As would 'honor' killings.

6 posted on 11/30/2017 6:45:23 AM PST by tbpiper
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To: SJackson

Canada is heading the wrong way. The laws cannot be ignored for ethnic nitwittery. Thankfully, our Founders gave us the Constitution (KJV).


7 posted on 11/30/2017 11:57:29 AM PST by sparklite2 (I hereby designate the ongoing kerfuffle Diddle-Gate.)
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