Indicator 14: The law ensures the punishment of rapist regardless of the acceptance to marry the victim

Rape has often been considered an offence and a crime against the “honour” of the victim’s family and not a VAWG and a violation of their physical integrity. Algerian law still retains this conception of rape. It is for this reason that the marriage of the victim to her rapist was considered as a kind of compensation for this outrage and led to the withdrawal of the prosecution against the rapist.

Due to the activism of feminist movements and human rights defenders, the legislation of the index countries has evolved and most of them have abandoned this practice by maintaining legal prosecution of rapists even if they accept to marry their victims (Algeria, Egypt, Jordan, Lebanon, Morocco, Palestine, and Tunisia). In Algeria there is a contradiction, as while maintaining the conviction of the rapist even if he agrees to marry the victim, the law abolishes it in the case of abduction of a minor without the use of threats or violence in the case when the abductor marries his victim.

Countries

Algeria

The rapist is penalized regardless of the acceptance to marry the victim. The penal code No. 66-156 of 1966 criminalizes rape. If the rape was committed against a minor, the sentence is tightened. However, article 326 of the penal code exonerates a man who abducts a girl under 18 without violence, threat, or deception if he later marries her. If the victim marries her abductor, the offender can only be prosecuted if the marriage is annulled.

Egypt

The rapist is penalized regardless of the acceptance to marry the victim. Article 267 of the penal code law No. 58 of 1937 criminalizes rape. Articles 268 and 269 criminalize indecent assaults. Article 291 of the penal code that allowed the rapists to avoid prosecution by marrying their victims, was repealed in 1999.

Jordan

The rapist is penalized regardless of the acceptance to marry the victim. Article 308 of the penal code that allowed the rapists to avoid prosecution by marrying their victims, was repealed in 2017.

Lebanon

The rapist is penalized regardless of the acceptance to marry the victim. Article 522 which allowed men, who had been convicted of committing sexual assault to avoid penalty if a valid contract of marriage could be provided, was repealed in 2017.

Morocco

The rapist is penalized regardless of the acceptance to marry the victim. In 2014, article 475 of the penal code, that allowed rapists of underage girls to avoid prosecution by marrying their victims, was repealed.

Palestine

The rapist is penalized regardless of the acceptance to marry the victim. Rape is criminalized by article 152 of the penal code of 1936 in Gaza Strip and article 292 of the penal code of 1960 in the West Bank. In the West Bank, article 308 of the penal code, which allowed the rapists to avoid prosecution by marrying their victims, was repealed in 2018.

Tunisia

The rapist is penalized regardless of the acceptance to marry the victim. In 2017 the provisions that enabled impunity for sexual intercourse with a minor with her consent were also repealed in the penal code (Article 227 bis) as well as for escaping with a minor (Article 239).

Back to

2020 Regional Index on VAWG