An Ontario Superior Court judge determined that a Muslim immigrant who was confirmed to have repeatedly raped his wife was not guilty of rape. 

He was found not guilty by the court because he claimed to have the honest belief that he had the right to have sex with her whenever he wanted, even without her consent.

In a written ruling, Ontario Superior Court Justice Robert Smith said that the government failed to prove that the accused man had formed mens rea, or criminal intent, to sexually assault his wife in 2002.

The Palestinian woman, who became the man’s wife in an arranged marriage in Gaza, claimed he grabbed her by the wrist, pulled her onto the couch, and pulled her pants down and raped her despite her asking repeatedly to stop. It was one of many times she was forced to have sex with him.

The report, which was first published on the Ottawa Citizen, buried the lede. It referred to the accused man as an “Ottawa man.”

“I find that the accused probably had sex with his wife on many occasions without her specific consent, as both he and she believed that he had the right to do so,” said the judge, who cleared the man of any wrongdoing.

The woman testified in court that she believed it her obligation to have sex with her husband in spite of her refusal to do so, because she didn’t know it was a crime for him to assault her. She told the court that she did not consent to sex on many occasions, but was under the impression he was able to have his way with her because they were married.

When a police officer informed her years later that she was well within her rights to say “no,” she filed the case against him based on the 2002 incident.

Her husband denied all charges and said he wouldn’t have been able to have sex with her in that year anyway, because he had a hair transplant and was told to abstain from having sex.

Judge Smith’s ruling on the case came after a five-day trial in June. ‘Marriage is not a shield for sexual assault,” he said, adding that “however, the issue in this trial is whether, considering the whole of the evidence, the Crown has proven the allegations beyond a reasonable doubt.”

Sexual assault campaigners are speaking out against the verdict, with the Ottawa Coalition to End Violence Against Women describing it as “disappointing.”

Carrolyn Johnston, the organization’s executive director, said: “Any sexual contact without explicit and ongoing consent is sexual assault — regardless of the relationship. He may have believed that he had a right to have sex with her as her husband, but Canadian sexual assault law is clear and was amended to include sexual assault against a spouse in 1983.”

Rape crisis centers in the city are now engaged in public education campaigns to make more women aware of their rights and understand the concept of consent.

  • John Ward

    Islam is not a religion it is a murderous ideology/cult.

    This is a repost from another persons post. It is excellent!

    It’s time for all nations to wake up to the fact that Muslims are NOT invading to assimilate and live peacefully. Consider this:

    Wake up America! From a Muslim’s mouth… By Teresa Nolivo. The following reveals the truth of the most diabolical group on the planet who take advantage of anyone who are foolish enough to allow them to.

    The truth of Islam Jihad, Sharia Law, ISIS, AND Hijrah. This is his story:

    I was born and raised a Muslim. My whole family is still Muslim; I know every genetic code of Islam because I have been fully indoctrinated, and I know and understand the Islamic brain.
    I live and breathe with them, but I am now an insider. I left Islam once I understood that Islam is a sick and evil power that thrives on death, even the death of their own family members.
    The following is the Islamic message to the United States Of America.
    To the infidels of the West,
    We will fight you infidels to death while your own laws protect us.
    Your Democrats and your news media will support us.
    N.G.O. ( Non Governmental Organisations) will legitimize us.
    (C.A.I.R.); The ( Council on American–Islamic Relations) will incubate us.
    The A.C.L.U. (American Civil Liberties Union) will empower us.
    Western Universities will educate us…for free.
    U.S. Mosques will shelter us.
    O.P.E.C. The (Organisation of Petroleum Exporting Countries) will finance us.
    Hollywood and their foolish celebrities will love us.
    Kofi Annan and most of the United Nations will cover us.
    Our children will immigrate from Pakistan, Egypt, Syria, Saudi Arabia, Iran, Indonesia and even from India to the US and to the other Western countries. They will go to the West for education and be given full scholarships. America is paying and will continue to pay for our children’s education and their upbringing in state funded Islamic schools.
    We will abuse your welfare system because you will allow us to. Our children will also send money home while they are preparing for Jihad. We will take full advantage of American kindness, gullibility, and compassion, and when the time comes, we will stab you in the back.
    We will say one thing on the camera and teach another thing to our children at home. We will give subliminal messages to our children to uphold Islam at any cost. Our children in America will always care more about Islamic Country’s interest than US interest.
    We will teach our children Islamic supremacy from their very childhood. We will teach them not to compromise with the Infidel. We do this from a very early age so our children won’t hesitate to be a martyr.
    We will take over the Europe first and then the US will be next. We already have a solid ground in the UK, Holland, Sweden, Spain, Italy, Germany, and we are now in the United States working diligently for the day when we overtake your country.
    Your news media at CNN, MSNBC, ABC, CBS; and others will paint a deceptive picture portraying Islam as a victim of US and Israeli oppression. The lying news reports will spread like wildfire saying “ American military killed 10 Muslim babies, the Jews killed two Muslim women”, We will use these lies to turn your own people against you, and many of them will march in the streets, burning US flags and destroying cities as the sympathize with Muslims.
    You will be impressed when you meet a moderate Muslim personally. As your next door neighbor, coworker, student, teacher, engineer, professionals you may even like us. You will find us well mannered, polite and humble that will make you say, wow, Muslims are good and peaceful people, but they will become vicious and violent when the call for Jihad sounds. Massive emigration into all countries across the globe known as Hiram; a Muslim invasion.
    We will use your own laws and values of kindnes against you. You are destined to lose… Are you ready for this America and Canada?

  • TOB

    Remember, kids! Diversity is our strength!

  • Robert Acton

    At the same time a guy in Oshawa Canada is given 5 months for writing “Muslims go home” on a park bench.

    • ShikokuPrincess91

      What is happening there? Why is Canada doing what it is doing?
      Does it simply need to collapse for reason to return?
      Why are the greatest countries so screwed up now?

      • bobruark

        dont you know … with lil boy PM .. Canada loves Islam and hates everybody else…especially those paying all those high taxes and fees that feed his deficit-ridden govt…when it comes to politics and spine…i have found most Canadians lacking. It is the great Northern Sheep Farm…and them canadians sure love to be fleeced…they will vote for it every time.

        • Amy Carter

          As a Canadian I fucking hate islam and muslimes and I’m very rude and menacing towards them often yelling screaming insulting them and giving them the middle finger

      • Marilyn Nicholson

        Its Jt thats destroying Canada

    • Firefly

      Oh man, that’s awful. I can’t believe the double-standards going on here.

    • Jayna K Patriot

      all in the name of political correctness…..

    • ranterator

      Canada is lost….

  • Victor

    This piece of shit judge should be hanged for this ruling.

  • Archie Bunker

    I hope this “Ottawa man’ repeatedly rapes Justine Turdeau.

    • Julian C

      but she would liiiiiike it!!!

  • Andrew Deblasio

    The TruSchmo Legacy.

  • PaulMurrayCbr

    Hmm, so if you deliberately kill someone but didn’t have an intent to commit murder, specifically, then it’s not a murder.

    This is the weirdest interpretation of “Means Rea” I have ever heard. If a someone forces an unconsenting person to have sex with them using violence or a threat of violence, then rape is what it is. “Its ok where I come from” ought not be a defence – the whole idea of criminality is that some acts are so reprehensible that all people *should* know not to do them.

    The problem for liberals is that certain cultures, for instance, practise cannibalism.

    • Jason

      Technically, that would be manslaughter which has a lesser penalty.

      • djmc993150

        murder is the premeditated intent to kill, so it is murder. his statement of no “intent to commit murder” is, I assume as he explained it, about the intent to commit the crime of murder which is not the criteria for a murder charge.
        though who knows in Canada, because unless you are muslim, whether or not you intend to commit the crime of rape is irrelevant to having committed rape, which for all non muslims is to commit a forced sexual act over objections or without consent. Intent is not mentioned in almost every rape law – nor I doubt in the BS one the judge here used.
        (or in disclosing classified information illegally).

    • Verk

      Not cannibalism – “wonderful and enriching cultural diversity”.

  • chris

    so i guess if you are non- Muslim than no matter what in any shape way or form rape is a crime but be a Muslim than as long as you had no ill thinking in your mind than there is such a thing as harmless rape even if the wife says no the husband can still have sex with her and it would not be called rape am i missing anything here

    • Pat Patrix

      Punctuation.

  • Graham Cracker

    Let’s see the media turn this into a case of “toxic masculinity” and “white supremacy” because why not

    • Pat Patrix

      Of course a white supremacist like yourself who’s been raised in a white patriarchal society that praises toxic masculinity would say that.

      • Graham Cracker

        Can’t tell if you’re being cute or are indeed a moron.

        • Pat Patrix

          Sad isn’t it? heh.

          • Graham Cracker

            Why doth thou torment me so?

          • Pat Patrix

            Simply a product of our times. We manufacture retardation wholesale.

          • Graham Cracker

            Wait are you saying you’re a retarded product?

          • Pat Patrix

            Durrrrrrrr

          • Julian C

            Wholesale? I had to pay retail for mine! But then I gave it all away for free to needy students.

  • Pat Patrix

    Ayyy c’mon judge, no one told me rape was bad.

  • Verk

    Let’s blame Israel, quick!
    And look, over there – Trump said something!

  • Eleanor Goh

    What a moron judge! So marriage is now a license for rape?

  • Firefly

    This seems odd to me, cos as someone who’s done a lot of traveling, not knowing that what you’re doing is a crime in the country you’re in is generally not seen as a reason to get off without even a slap on the wrist. You’d think there’d be *some* kind of repercussions.

    • Julian C

      Remember the judge in Europe who freed a homosexual muslim who raped a young boy, because ‘he did not understand that the boy was saying no’, and the judges in Sweden who let muslim men off for public masturbation barbecue ‘their culture understands that they must relieve their sexual tensions.

  • TruthIsBanned

    ” wouldn’t have been able to have sex with her in that year anyway, because he had a hair transplant and was told to abstain from having sex”

    Hahaha, is that the best lie he could come up with.

  • daz2002

    Canada along with Europe and the USA is controlled by the same people.

  • Dmitry Krotchlikmeoff

    Justin Trudeau instituting shariaj law

  • Steve O

    Canada is introducing into its population people who don’t understand the concept of consent to sex. When it comes to expanding diversity, Canada is swinging for the fences!

  • DIANNA

    I’M sorry.. she is married.. they had rough sex. If every time he wanted sex she said Stop.. WHY IN THE HELL DID SHE GO THROUGH WITH THE MARRIAGE?

    • femme_du_chats

      Did you see the part where it says it was an arranged marriage that took place in Gaza? Do you realize that he is likely much older than her? She likely had no choice but to to through with the marriage, or suffer the consequences.

      Nice victim blaming, though.

    • JustAMiddleAmerican

      She likely had no choice but to marry him. It happens a lot in certain parts of the world.

      He knew what “no” meant and did it anyway. That’s rape, no matter what their relationship. And, yes, she can tell him stop every time. He does not own her, despite what he may think.

  • DIANNA

    I DO AGREE THAT ISLAM IS NOT A RELIGION BUT A MAN’S WORLD.. BUT MUSLIM WOMEN SHOULD GET OUT.. she can’t blame the man when HER RELIGION ALLOWS IT. at first I THOUGHT THE MAN RAPED A STRANGER OR A DATE.. THIS IS KIND OF STUPID… SHE IS MARRIED TO HIM, SHE TOO IS A MUSLIM SO SHE KNOWS HER RELIGION.

  • ssgtnelson

    So, in Canada, you can break any law you want as long as you can deny you knew it was the law. That’s hand to know.

  • Bawk Bawkbagawk

    so… one case used a fundamental rule of Canadian justice, and were gonna need fainting couches? moving right along.

  • Thereals

    That’s not rape, that’s domestic violence. Marriage IS sexual consent. Don’t marry an indecent human being. If you did, well there’s divorce.