The Tangiers Court of Cassation overturned Morocco’s landmark marital rape conviction from 2019, reversing a critical ruling for women’s rights. The country’s legal framework does not clearly criminalize marital rape, despite some protections against domestic violence being introduced in 2018. The decision reflects ongoing ambiguity in addressing this issue within Moroccan law.
On October 10, the Tangiers Court of Cassation made a significant decision by overturning a 2019 conviction related to marital rape. This case was previously seen as a landmark ruling, marking Morocco’s first acknowledgment of marital rape as a criminal offense. The court’s referral of the case back to the Appeals Court has effectively reversed a critical legal milestone in the fight for women’s rights in the country.
In Morocco, marital rape remains a controversial issue, as the penal code lacks explicit provisions against it. Although a 2018 law aimed at reducing domestic violence brought some protections for survivors, it failed to address marital rape directly, thus creating obstacles for those seeking justice. The legal definition of rape in Morocco specifically refers to acts against a woman’s will, leaving a grey area for other circumstances, including those within marriage.
The reversal of the marital rape conviction represents a setback in the progress towards women’s rights in Morocco. The current legal framework remains inadequate, lacking clear definitions and protections for survivors of domestic violence, particularly in marriage. To uphold the rights of women, legal reforms are necessary to explicitly criminalize marital rape and strengthen protections against domestic violence.
Original Source: www.hrw.org
