S.D. v. M.J.R

2 A.3d 412 (2010)

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Nature of the Case

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Facts

W and M.J.R. (H), are citizens of Morocco and adherents to the Muslim faith. They were wed in Morocco in an arranged marriage on July 31, 2008, when P was seventeen years old. The parties did not know each other prior to the marriage. On August 29, 2008, they came to New Jersey as the result of H's employment in this country as an accountant. On three occasions, H physically abused W, leaving multiple bruises. H also had nonconsensual sex with her a number of times. Eventually, a bystander reported her condition to the police, and she was taken to a hospital. A domestic violence complaint was filed and a TRO issues. The action was dismissed for lack of prosecution. W eventually filed another complaint and obtained a TRO. An Imam testified regarding Islamic law as it relates to sexual behavior. The Imam confirmed that a wife must comply with her husband's sexual demands because the husband is prohibited from obtaining sexual satisfaction elsewhere. However, a husband was forbidden to approach his wife 'like any animal.' The Imam did not definitively answer whether, under Islamic law, a husband must stop his advances if his wife said 'no.' However, he acknowledged that New Jersey law considered coerced sex between married people to be rape. The trial court found that H did not have the criminal intent to commit sexual assault because of his religious beliefs. W’s complaint was dismissed, and a TRO was vacated. W appealed.