Nature of the Case
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Facts
D was indicted for the crimes of rape in the first degree and rape in the second degree. The complainant was 13-years-old at the time of the alleged crimes. D seeks to raise as a defense to the charge of rape in the second degree that at the time of the alleged crimes the complainant was his 'second' or 'junior' wife, given to him by her parents in Nigeria pursuant to the laws and tribal customs of that country. D was lawfully married to a then-living wife under the laws of New York and Nigeria at the time of his purported second 'marriage' to the complainant in Nigeria. D asserts that the laws and tribal customs of Nigeria allow one man to have multiple wives. D moved in limine to determine if he can raise the defense of marriage under these circumstances.
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