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Morocco's Highest Court Reverses Groundbreaking Marital Rape Verdict

Friday 25 October 2024 - 12:20 Journalists: Dakir Madiha

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A watershed ruling for women's rights in Morocco has been overturned, as the country's Court of Cassation annulled what had been the nation's first-ever conviction for marital rape. The October 10 decision has sparked widespread concern among human rights advocates and renewed calls for urgent legal reform.

The case originated in Tangier in 2019, when a court handed down an unprecedented conviction supported by medical evidence documenting severe injuries to the victim. However, the Court of Cassation's reversal, citing procedural grounds, has highlighted critical gaps in Morocco's legal framework regarding marital rape.

The ruling exposes a significant void in Morocco's legal system. While Law 103-13, enacted in 2018, strengthens penalties for violence against women, it notably lacks specific provisions addressing marital rape. This legislative gap has created substantial hurdles for survivors seeking justice through the courts.

"We are standing still; we are not making any progress," said Fouzia Yassine from the Democratic Association of Moroccan Women's executive board, expressing the frustration felt throughout Morocco's women's rights community.

The decision comes at a time when Morocco's own National Council of Human Rights (CNDH) has pushed for reform. In its 2023 annual report, the Council emphasized the pressing need to explicitly classify marital rape under the country's rape laws, noting that current legislation fails to specifically address non-consensual sex within marriage despite its broad definition of rape.

This ruling has become a flashpoint in the ongoing debate about women's rights protections in Morocco, with advocacy groups warning that it could set a concerning precedent for future cases and highlighting the urgent need for comprehensive legal reforms to protect vulnerable individuals within marriages.