Cultural Defense Law and Legal Definition
In criminal law, a cultural defense, a novel theory, is a defense to the prosecution for a criminal act which, according to the defendant results from his/her cultural background. Sometimes, this defense is raised by those accused of female genital mutilation. The defense shall be available to criminal acts involving child abuse, child neglect, or child endangerment. Consideration of culture allows prosecutors, judges, and juries to determine the appropriate level of culpability.
The attorneys have used the cultural defense in an attempt to convince the courts to excuse their clients’ crimes. This defense is sometimes raised by those accused of female genital mutilation. The cultural defense is popularized by homicide cases, such as those involving honor killings where male relatives are compelled to take the life of an allegedly adulterous woman in order to protect the family name and reputation.
