We have sadly become somewhat accustomed to seeing refugees in the headlines for committing crimes. As the population has grown, so have the incidents of violence. A new case in New Hampshire could turn the tides in America though as defense attorneys create a new reason for the crimes of these migrants.
Augustin Bahati is a refugee from the Congo. He recently had six domestic-violence related charges dropped after a prosecutor agreed that he “lacked the cultural competency to participate in the American justice system.”
In case warning bells aren’t screaming yet, this is an incredibly dangerous defense. Since the inception of competency hearings, defendants have attempted to manipulate the system and use insanity as a reason for their crimes. Culture competency is a new ploy and if the New Hampshire ruling is not overturned, it could catch on quickly. The discovery of the use of this defense by state Attorney General Gordon MacDonald led to the resignation of lawyer and the investigation of many others. Bahati appears to not be the only one to have used this defense.
The excuse amounts to little more than saying that because Bahati is not American, he did not understand that is was illegal to “strike, push, grab, kick and pull out the hair of a woman who was 27 weeks pregnant at the time.”
Perhaps she did not cover herself properly and needed to be punished? This may be perfectly acceptable under Sharia law but when did it become permissible in America. Critics of the decision to dismiss the charges point out that while under New Hampshire law it is allowable “for charges to be dismissed when an expert determines that a mental illness or mental disability has rendered a defendant incompetent to understand the charges against him and assist in his defense,” there are no similar provisions for “cultural incompetence.” Nor should there be.
Associate Attorney General Jane Young wrote, “This finding simply does not comport with the legal requirements for a finding of incompetency to stand trial and should have been aggressively litigated.”
If this becomes an acceptable defense in the United States, any refugee, illegal immigrant, or even visitor could use it to get away with crimes. Acts such as honor killings, female genital mutilation, and jihad, would suddenly be dismissed because the perpetrator was “culturally incompetent.” It is easy to see how this could quickly spiral out of control and why it must be stopped immediately.