True Earthling (63 posts) Sun Nov-07-10 09:22 PM
Original message
New Jersey judge denies restraining order to a Muslim woman who was repeatedly raped
Edited on Sun Nov-07-10 09:30 PM by True Earthling
by her husband. Marital rape is permitted under Sharia law.
Plaintiff, S.D., appeals from the denial of a final restraining order following a finding of domestic violence. On appeal, she raises the following issues:
POINT ONE
THE TRIAL COURT ABUSED ITS DISCRETION BY FINDING THAT DOMESTIC VIOLENCE HAD BEEN COMMITTED BUT FAILING TO ISSUE A FINAL RESTRAINING ORDER.
A. Defendant's conduct constituted an egregious act of domestic violence.
B. The pendency of simultaneous court proceedings, does not negate the importance of affording domestic violence protections when justified by the record.
C. Given that the parties were about to have a child in common, the trial court erred in determining that the parties would have no further need for communication.
POINT TWO
THE TRIAL COURT ABUSED ITS DISCRETION BY FINDING THAT DEFENDANT LACKED THE REQUISITE INTENT TO COMMIT SEXUAL ASSAULT AND CRIMINAL SEXUAL CONTACT BASED UPON HIS RELIGION.
We reverse and remand for entry of a final restraining order.
http://lawlibrary.rutgers.edu/courts/appellate/a6107-08...
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x9509336I think this is a mole but not doing a good job of hiding.
madmax (1000+ posts) Sun Nov-07-10 09:25 PM
Response to Original message
1. Ground Control to Major Tom
This is insanity. She is in America! American law should prevail. this IS 'The Twilight Zone.' I keep posting that.
cynatnite (1000+ posts) Sun Nov-07-10 09:33 PM
Response to Original message
4. Over 20 years ago I asked for a restraining order from my abusive husband...
The judge said no because he said I'd be in bed with him that night. I was in hiding because my husband at the time threatened to kill me.
We're supposed to move forward from this sexist shit! I hate bastards like this. I consider myself a reasonable progressive woman, but I really hate these bastards.
You should be more tolerant of other people's customs.
applegrove (1000+ posts) Sun Nov-07-10 09:36 PM
Response to Original message
6. That is crap. Criminal law should never be negated by anything.
Does that include liberal judges that give out lenient sentences?
Exilednight (1000+ posts) Sun Nov-07-10 09:40 PM
Response to Original message
8. This ruling was reversed. Why bring this crap here? It's fearmongering. n/t
No, but it does high light the extremism of Islam.
BrklynLiberal (1000+ posts) Sun Nov-07-10 09:45 PM
Response to Original message
11. NJ is governed by Sharia Law??????
Nope , not yet. If CAIR gets it's way, we all might be though.
http://www.foxnews.com/politics/2010/11/04/muslim-sues-oklahoma-anti-shariah-ballot-measure/?test=latestnews
