Canada: Immigrant Found Not Guilty Of Raping Wife Because He Thought He Was Allowed To

    Updated: February 7, 2018 at 10:24 am EST  See Comments

    Multiculturalism without assimilation has serious implications for a society, particularly one which wishes to appease assaults on their native culture and values under the guise of tolerance. This takes shape often in the realm of women’s rights.

    In one such example of this, a Canada man, an immigrant from the Middle East, was found not guilty of raping his wife because he was under the impression that he could have sex with her whenever he wanted, even when it was nonconsensual.

    Ontario Superior Court Justice Robert Smith acknowledged that numerous occasions of sexual intercourse between the couple were indeed nonconsensual, but said he could not convict the husband because of the lack of criminal intent, or mens rea.

    “Marriage is not a shield for sexual assault,” wrote Judge Smith in his decision. “However, the issue in this trial is whether, considering the whole of the evidence, the Crown has proven the allegations beyond a reasonable doubt.”

    According to the BBC, “Both the man and the wife testified that they thought a husband was legally entitled to have sex with his wife whenever he wanted.”

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