Muslim or Christian, Rape Is Rape. Even if You're Married.

Only 18 years old, Amina (not her real name) reported domestic abuse that took the form of pinching all over her body, including her breasts and genitals, hard enough to leave bruises; repeated slapping, leaving her face bloody; deprivation of food; and repeated rape. In a restraining order case, a New Jersey judge did find that harassment, abuse, and repeated "nonconsensual sex" had occurred, with the husband forcing himself on Amina against her tears and protestation when her vagina was swollen from his violence. Yet, despite this, the judge ruled that no sexual assault took place.

Wait, so what is that "nonconsensual sex" then? Well, the judge stated that her husband "was operating under his belief that it is, as the husband, his desire to have sex when and whether he wanted to, was something that was consistent with his practices and it was something that was not prohibited." In other, less garbled, words, the judge decided that, because the husband said that his religion (Islam) permits marital rape, it wasn't actually sexual assault. Oh, and the repeated instances of physical assault? Just a "bad patch" in the marriage, "not severe," and thus not something she actually needed a restraining order to prevent.

It's disturbing that the judge would so minimize a clear case of domestic violence, agreeing that it occurred but acting like there was nothing to worry about. And the judge's decision to prioritize a misogynistic interpretation of religion over U.S. law, which states that it is possible for criminal rape to occur between a husband and wife, completely goes against his job as a judge. It's good to know if I go before this judge, then as long as I believe my religion gives me permission, I can go ahead and steal, rape, murder, or commit any other crime without fear of being held accountable by the American legal system. (Thankfully, an appeals court has overruled this bizarre ruling.)

Note that the judge didn't bother to consider what the wife believes Islam says about marital rape.

It was enough for the judge that the husband alleged he was within his rights to penetrate Amina against her will, but the young woman in question might have a different understanding of what she as a Muslim wife is forced to submit to. The judge is hardly a religious scholar. And, in fact, there is no consensus that Islam permits marital rape.

Certain right-wing Islamophobes who have picked up and run with this story would do well to remember this, too. In particular, Bryan Fischer of the American Family Association, who thinks we should deport all Muslims and is using this case to argue that Islam is evil and Christianity is good, should listen up.

Marital rape apologism is by no means limited to certain segments of Islam; conservative Christians have also been known to jump on that bandwagon. As Right Wing Watch points out, Phyllis Schlafly, an anti-feminist leader of the conservative Christian movement, believes that marital "rape" is non-existent because "[b]y getting married, the woman has consented to sex." Even better, Fischer and Schlafly both happen to be speaking at the Religious Right's upcoming Values Voters Summit.

The problem here is not Islam or Christianity. The problem is a misogynistic interpretation of religious rules that have no place in the American court system. And if American judges would please focus on enforcing U.S. law, there wouldn't be any problem here at all.

Photo credit: Hammer51012