NCJ Number
152440
Journal
International Journal of Comparative and Applied Criminal Justice Volume: 18 Issue: 1 & 2 Dated: (Spring/Fall 1994) Pages: 27-37
Date Published
1994
Length
11 pages
Annotation
This article uses the case of wife abuse in Sierra Leone to illustrate how sociocultural factors provide the context for defining behavior as criminal or wrongful.
Abstract
In Sierra Leone, a polygamous society, the customary law does not recognize physical or sexual wife abuse. Indeed, husbands have the right to administer "reasonable chastisement" to their wives for their misconduct. Actions which may bring on spousal chastisement include dereliction of domestic duties, adultery, and expressions of jealousy toward the husband's other wives. Physical maltreatment may include, in addition to beating, putting the wife to hard labor, neglecting her or failing to protect her from other wives, and neglecting the wife's children. While the English (general) law that governs Sierra Leone criminalizes wife abuse, a review of court cases of the general law jurisdiction between 1920 and 1973 reveals no record of any case involving domestic violence, short of homicide. While, under general law, an abused wife can request a divorce, in customary law, it is rare for women to challenge their husband on legal grounds. The customary and general law also differ regarding marital rape, which, except under certain narrowly defined circumstances, is not recognized in tribal law. For tribal women, protection against abusive husbands is not provided by customary law, nor is it guaranteed by civil law. 10 references