NCJ Number
127430
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 paper discusses a mode of adaptation to a cultural conflict in Sierra Leone regarding rape laws.
Abstract
It examines the concept of illicit sexual behavior prevalent in the customary laws of the tribal society of Sierra Leone, on whom the general (English) law has been imposed. It then discusses the conflicting definitions in the English law. The mechanisms to resolve sexual offenses in the two legal systems are compared, and the resulting contradictions are presented in an example of a rape case of the High Court of Sierra Leone. Behavior that is illegal in one culture may be viewed as a noncriminal offense, and essential elements of a crime in one legal system may be irrelevant in another system. Cultural presumptions and routine practices to resolve the conflict may be reversed in the other culture. This study highlights the way extraneous definitions of crime are used to enforce conformity to indigenous norms rather than to deter a behavior not recognized as illegal. 8 references (Author abstract modified)