NCJ Number
132028
Journal
International Journal of Comparative and Applied Criminal Justice Volume: 14 Issue: 1-2 Dated: (Spring-Winter 1990) Pages: 201-210
Date Published
1990
Length
10 pages
Annotation
This article addresses the concept of illicit sexual behavior in the customary law prevalent among the tribal society of Sierra Leone on whom English customary law has been imposed. The analysis then discusses the concept of rape in the general (English) law of Sierra Leone.
Abstract
There are many conflicts between customary law and the general law regarding sexual behavior. For example, in customary law, women are considered to be the property of their fathers or husbands, a stance which is contrary to the notion of women as autonomous beings in English law. While behavior that is illegal in one culture is not considered criminal under the other legal system, essential elements of a crime in one legal system are immaterial in the other. Routine practices to resolve the conflict such as the tribal attempt to work en famille and to offer compensation may lead to inferences detrimental to the defendant in the English legal system. In this case study, tribal members adapted to the conflicting definitions by using the extraneous law as a weapon to enforce conformity to their indigenous norms concerning acceptable sexual behavior. 8 references (Author abstract modified)