Friday a New Jersey court rejected religion as a defense to non-consensual sex (rape). Previously a New Jersey court did not find sexual assault or criminal sexual conduct to have been proven in spite of the fact that a man had engaged in sexual relations with his wife against her expressed wishes.
The original judge stated:
This court does not feel that, under the circumstances, that 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.
In other words, the court did not prosecute the man for rape because the Judge accepted the husband’s belief that his religion obligated his wife to have sexual relations when and where he wanted it.
