Why should foreign law ever be applied in American courts?, some people ask. Why should foreigners get the benefit of this law when they come to America? There are many answers to this, but I thought I’d offer a helpful illustration. The broad point is that, when American courts apply foreign law, they apply it […]
Archive | Cultural Defenses
Statutory Rape of 13-Year-Old Yields No Jail Time, Because of Defendant’s Cultural Insularity
The Daily Mail (UK) reports: A muslim who raped [in the sense of statutory rape -EV] a 13-year-old girl he groomed on Facebook has been spared a prison sentence after a judge heard he went to an Islamic faith school where he was taught that women are worthless. Adil Rashid, 18, claimed he was not […]
“Cultural Defenses” and Incest
By Eugene Volokh on December 12, 2010 6:38 pm in Cultural Defenses, Religion and the Law, Sexual Conduct Restrictions
If you want a look at pure cultural defenses that do set up a separate legal rule for people who belong to a particular group, check out Rhode Island General Laws § 15-1-4: The provisions of §§ 15-1-1 – 15-1-3 shall not extend to, or in any way affect, any marriage which shall be solemnized […]
“Cultural Defenses” and Underage Marriage
Here’s another case showing how American law applies to people with different cultural assumptions from our own, State v. Al-Hussaini, 579 N.W.2d 561 (Neb. Ct. App. 1998); I think the result is correct. Note that in the de minimis case and the mistake of fact hypothetical, the defendant’s claim was that the defendant’s culture was […]
“Cultural Defenses,” Crime, and Mistakes of Fact
In light of the discussion on the cultural defense / de minimis statute thread, it might be helpful to think of another area where culture is relevant under existing law: mistakes of fact. Consider an example. Theft is often defined as taking another’s property, knowing that it is another’s property. If you take an umbrella […]
“Cultural Defenses,” Crime, and De Minimis Violations
I just reread State v. Kargar, 679 A.2d 81 (Me. 1996), and was reminded how interesting and bloggable the case is (some paragrpah breaks added): Mohammad Kargar, an Afghani refugee, appeals from the judgments … convicting him of two counts of gross sexual assault in violation of 17-A M.R.S.A. § 253(1)(B) (Supp.1995) (Class A). [Footnote: […]