Allowing cultural defenses that contextualize the defendant's actions without completely excusing the behavior is a balancing act. Firstly, it must be recognized that women of color and immigrant women are burdened with a double oppression: sexism within their own culture and sexism and racism within U.S. culture.
In cases involving gender-based violence, it is important to consider various questions when considering whether to allow cultural defenses.
- How are the cultural practices an expression of particular power arrangements between men and women in that culture?
- How are these practices maintained and legitimated?
- How, if at all, have these practices affected the victim's ability to report the violence committed against her?
(Volpp, (Mis)Identifying Culture, 1994; Gallin, Note, The Cultural Defense, 1994.)
