Rabat— The Court of Cassation has made a controversial ruling overturning the first conviction for marital rape in Morocco’s history, igniting outrage among feminist organizations and women’s rights advocates.
In 2019, a man in Tangier was sentenced for marital rape based on compelling evidence, including medical reports documenting severe injuries that corroborated the victim’s allegations. However, on October 10, the Court annulled this conviction, citing procedural reasons.
This decision has elicited dismay and anger from women’s rights advocates, who view it as a significant setback for justice and protection for victims of domestic violence. The absence of a clear legal framework regarding marital rape in Morocco further complicates the challenges faced by survivors. While Law 103-13, adopted in 2018, addresses violence against women and strengthens penalties for assaults, it remains silent on the specific issue of marital rape.
Feminist organizations and activists have vehemently condemned the Court’s ruling, expressing disappointment and frustration. Fouzia Yassine, a member of the executive board of the Democratic Association of Moroccan Women, described the annulment as a “disappointing” setback, lamenting, “We are standing still; we are not making any progress.”
The overturning of this landmark conviction raises serious concerns about Morocco’s commitment to gender equality and the protection of women’s rights, highlighting the urgent need for legal reforms to address these critical issues.
Morocco’s National Council of Human Rights (CNDH), in its 2023 annual report, emphasized the urgent need to classify marital rape under the country’s rape laws.
The Council highlighted the importance of expanding the legal definition of rape to include non-consensual sex within marriage, noting that the current penal code defines rape broadly but fails to specifically address marital rape.
