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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsExpert testimony or anti-Islam bias? Sex assault case tests legal limit.
NEW YORK An expert witness was called to the stand at a Brooklyn domestic sexual assault trial to tell the jury about the impact of intimate abuse in the Islamic faith.
The testimony included claims that Muslim men entering arranged marriages seek virgin brides from their native countries so they will be more submissive, court records show. The witness, Chitra Raghavan, a professor of psychology at John Jay College of Criminal Justice, also said that Islamic men across religion tend to ignore rules giving women the right to reject a husbands sexual advances.
Men in arranged South Asian unions sometimes want, particularly if they know they want to be controlling, to find a wife in their native countries, Raghavan testified, citing an alleged cultural belief that if a woman comes from their so-called mother country, she will be easier to control, ultimately, because she will be more submissive.
After hearing that expert testimony, a Brooklyn jury found Meftaah Uddin, 33, a Pakistani American man raised in Brooklyn, guilty of repeated sexual assaults against his wife in his familys Brooklyn apartment. He was sentenced to seven years in prison in late 2022.
His attorneys say he was denied a fair trial because Raghavans sweeping generalizations about Muslim culture painted him as abusive by nature and prejudiced the jury. The attorneys, Lauren Di Chiara and Robert Fantone, have appealed to the New York State Court of Appeals, the states highest court.
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AZJonnie
(2,737 posts)Not speaking to the merits of the case, and I certainly do not think marital abuse of this type doesn't happen or should not be prosecuted if proven, let me be clear on that
But if you turn around and imagine some 'expert' witness saying the similar things about black or LGTBQ people, sweeping generalizations about their 'culture' that's meant to incriminate an individual member in a court of law (like, oh, black people are violent, so this suspect is probably guilty of this violent crime), and I think you'll agree this sort of "testimony" really shouldn't have a place in that venue
yardwork
(68,938 posts)I don't know anything about this case but I'm not sure your comparison works.
It's a fact, verifiable by data, to say that "many conservative fundamentalist Christian men believe that God gives them authority over their wives and children."
It's not a fact to say "Many Black men..." or "many LGBTQ men..." Those are stereotypes that aren't verifiable by data.
Which category does this case fall into? The other question: expert witnesses are giving their opinion only. They're not introducing evidence. It's the job of an expert witness to provide opinions. How is this case different?
Mosby
(19,231 posts)IMO judges are ill equipped to act as gatekeepers to determine if expert testimony is valid and reliable.
Forensic "science" was hard enough for judges (which they epically failed at) and now they are evaluating social science and opinion research.
Its laughably bad.