Rape OK in U.S. If You're A Muslim?

Coming across an article regarding NJ case of: S.D. v. M.J.R. (N.J. Super. Ct. App. Div.) and the implication that it was OK for a husband to rape his wife because it fell under their religious freedoms, I had to read it for myself. Here is the case breakdown, including evidence presented to the judge: http://www.leagle.com/unsecure/page.htm?shortname=innjco20100723325

So, this woman (17 or 18 at the time) is abused and raped by her husband, according to evidence including police photographs, and police and medical staff testimony, and the judge rules that because the husband had no criminal intent--acting on his religious beliefs that he is allowed to do whatever he wants to his wife--there is no charge of sexual assault. Are you kidding me? Ummm..what about evidence? Forget the fact that the man "thinks" it's OK. There are people who think doing drugs, drinking and driving, beating their children are all OK. Since when are our opinions on a matter above the law?

This is the exact wording from the website:

While recognizing that defendant had engaged in sexual relations with plaintiff against her expressed wishes in November 2008 and on the night of January 15 to 16, 2009, the judge did not find sexual assault or criminal sexual conduct to have been proven. He stated:

"This court does not feel that, under the circumstances, that this defendant had a criminal desire to or intent to sexually assault or to sexually contact the plaintiff when he did. The court believes that he was operating under his belief that it is, as the husband, his desire to have sex when and whether he wanted to, was something that was consistent with his practices and it was something that was not prohibited."

After acknowledging that this was a case in which religious custom clashed with the law, and that under the law, plaintiff had a right to refuse defendant's advances, the judge found that defendant did not act with a criminal intent when he repeatedly insisted upon intercourse, despite plaintiff's contrary wishes.

I'm almost in shock! Am I reading this correctly? The judge acknowledges it was non-consensual sex, yet it is OK because the man believed it fell under his religious rights. Unbelievable! Thank God this was overturned by another court.

Sadly, this is only the beginning of what's to come with such Islamic tolerance in the U.S. that we operate out of fear and neglect instead of standing up for what is right. And yet another hypocritical slap in the face for Christians who can't even stand on their religious beliefs to refuse to perform certain medical procedures (abortions) or refuse to perform homosexual marriages in their churches without being labeled as bigots, haters, intolerant, or worse.

Wake up America.