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Old 08-05-2010, 11:56 PM
 
Location: Over There
5,124 posts, read 5,006,201 times
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This is more then concerning and sicking on the judges part.

FOXNews.com - Advocates of Anti-Shariah Measures Alarmed by Judge's Ruling


Quote:
Judge Joseph Charles, in denying the restraining order to the woman after her divorce, ruled that her ex-husband felt he had behaved according to his Muslim beliefs -- and that he did not have "criminal desire to or intent to sexually assault" his wife.
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Old 08-06-2010, 12:02 AM
 
Location: Southcentral Kansas
44,884 posts, read 30,046,305 times
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Quote:
Originally Posted by Cyber Queen View Post
This is more then concerning and sicking on the judges part.

FOXNews.com - Advocates of Anti-Shariah Measures Alarmed by Judge's Ruling
That judge deserves to be out looking for a job outside the legal field. He obviously was willing to ease a little Sharia into the system and things like that can start us down that long slippery hill to allowing them to do what has been allowed in the UK and look at what is going on there now.
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Old 08-06-2010, 12:05 AM
 
29,986 posts, read 39,362,082 times
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The refusal to issue a restraining order is alarming. However, they aren't worth the paper they are written upon. She needs to have the means and the training to defend herself against her ex.

"Charles' ruling was overturned last month by New Jersey's Appellate Court, which ruled that the husband's religious beliefs were irrelevant and that the judge, in taking them into consideration, "was mistaken."

At least the appellate court made certain precedent was not set.
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Old 08-06-2010, 12:45 AM
 
Location: Over There
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My concern is what will stop men from raping their wives then claiming it is because of their religions? Scary stuff.
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Old 08-06-2010, 12:50 AM
 
29,986 posts, read 39,362,082 times
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Originally Posted by Cyber Queen View Post
My concern is what will stop men from raping their wives then claiming it is because of their religions? Scary stuff.
As I recall Lorena Bobbitt had a solution for marital rape. She was just a bit delayed in cutting to the base of the problem.
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Old 08-06-2010, 12:58 AM
 
Location: Redondo Beach, CA
7,405 posts, read 7,515,754 times
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Quote:
Originally Posted by Cyber Queen View Post

My concern is what will stop men from raping their wives then claiming it is because of their religions? Scary stuff.
The Appellate court was right and the original judge should lose his seat on the bench and be disbarred. Rape is rape, whether one is married or not according to the laws of all 50 states.

"Until the late 1970's, most states did not consider spousal rape a crime. Typically, spouses were exempted from the sexual assault laws. For example, until 1993 North Carolina law stated that "a person may not be prosecuted under this article if the victim is the person's legal spouse at the time of the commission of the alleged rape or sexual offense unless the parties are living separate and apart." These laws are traceable to a pronouncement by Michael Hale, who was Chief Justice in England in the 17th century, that a husband cannot be guilty of rape of his wife "for by their mutual matrimonial consent and contract the wife hath given up herself in this kind unto the husband which she cannot retract." (1) (http://www.ncvc.org/ncvc/main.aspx?dbName=DocumentViewer&DocumentID=32701#N _1_ - broken link) In the late 1970's, feminists began efforts to change these laws. Currently, rape of a spouse is a crime in all 50 states and the District of Columbia."

The National Center for Victims of Crime - Library/Document Viewer (http://www.ncvc.org/ncvc/main.aspx?dbName=DocumentViewer&DocumentID=32701 - broken link)

What I want to know is why wasn't this rapist criminally charged?
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Old 08-06-2010, 01:10 AM
 
Location: California
32,713 posts, read 36,159,761 times
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I'm a little confused. Did he forced sex take place before the divorce and then the restraining order requested after the divorce? Maybe the judge thought that since nothing had happend since the divorce their was nothing to "restrain"? I can't tell by the article.
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Old 08-06-2010, 01:14 AM
 
Location: Redondo Beach, CA
7,405 posts, read 7,515,754 times
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Ah, I didn't read far enough into the article. . .

"The husband in the case has been indicted on criminal charges and is expected to face trial in the fall."

Good. May he rot until he dies.
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Old 08-06-2010, 02:11 AM
 
Location: England
3,265 posts, read 3,334,432 times
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What exactly is going on in the UK roysoldboy? you seem to be an expert on the law in my country.

My wife IS a lawyer, and she assures me that Sharia law is NOT recognised in UK courts.
Sharia law is used only in the Islamic community when family & financial matters are concerned.

The Jews have their own Beth Den courts in the US & the UK that deal with family & community matters, but you would'nt know that would you.

Just try to get your facts right for once, do some research, & don't just get it from Fox news.
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Old 08-06-2010, 08:38 AM
 
7,887 posts, read 9,324,867 times
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Right wing loonies are every bit as bad at law as they are at science.
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