Marry-your-rapist law

A marry-your-rapist law, marry-the-rapist law or rape-marriage law is a law regarding rape that states that a rapist will not be prosecuted if he marries his victim. Although the terms for this phenomenon were only coined in the 2010s,[1][2][3][4][5] the practice has been supported by the rape laws in many legal systems throughout history.[6] In the late 20th and early 21st century, the remaining laws of this type were increasingly challenged and repealed in a series of countries.[3][7]

Background

In patriarchal societies, a family’s honour is often deeply linked to a woman’s chastity. Proponents of rape-marriage laws argue that they shield the survivor and her family from the shame of rape. Opponents claim the laws promote impunity for rape, and further victimise rape survivors.[8][9] Thus, the social value of women, as proponents assign to family honour, female chastity and marital status, clashes with opponents' claim of women's right to individual happiness, freedom and sexual autonomy.[10]

History

Traditionally, the marriage of the perpetrator and the victim after the rape was often seen as an appropriate 'resolution' of the situation. One such provision can be found in the Biblical Book of Deuteronomy 22:28-29 (written around the 7th century BCE), wherein sexual intercourse between a man and an unbetrothed virgin woman outside the city is considered wrongful. Irrespective of whether or not the woman had given consent to the sexual act, or will give consent to marriage, the man is given the option of marrying her by paying her parents a dowry to settle the matter.[11]

In medieval Europe, for example, a man could 'rape' a woman, after which she could choose or be pressured to marry her attacker, because she was considered to be a damaged commodity, diminishing her marital prospects. In this specific context, however, the term 'rape' could also refer to elopement: a woman would give her consent to being abducted by the man she loved, and thus avoid asking permission from her parents to marry him.[12]

Citing Biblical injunctions (particularly Exodus 22:16–17 and Deuteronomy 22:25–30), Calvinist Geneva (1536–1564) permitted a single woman's father to consent to her marriage to her rapist, after which the husband would have no right to divorce; the woman had no explicitly stated separate right to refuse. Among ancient cultures virginity was highly prized, and a woman who had been raped had little chance of marrying. These laws forced the rapist to provide for their victim.[13]

In several Middle Eastern and North African countries, marry-the-rapist laws were adopted in their immediate post-colonial independence years in the mid-20th century. The origins of these laws are to be traced to a mixture of pre-existing local Arab traditions, Islamic jurisprudence (the Hanafi school), Ottoman imperial laws and European (French and British) colonial laws.[14]

Marry your-rapist-laws were common around the world until a few decades ago, including in Western countries (such laws existed in Italy until 1981 and France until 1994).[15] As late as 1997, 15 countries in Latin America had marry-your-rapist laws.[9] By July 2017, marry-your-rapist laws still existed – but were being challenged – in Bahrain, Jordan, Lebanon, the Philippines amongst other countries.[3]

The practice of forcing victims of rape to marry their rapists continues even in many countries where the laws allowing this have been abolished. This is the case, for example, in Ethiopia, where marriage by abduction remains common, despite it being illegal under the new 2004 Criminal Code.[16] In Afghanistan, while formally there is no law, "in practice it is not uncommon for a prosecution to be dropped if marriage is offered by the perpetrator/his family."[17]

Campaigns for repeal

Several human rights organisations such as Human Rights Watch,[7] and the United Nations Human Rights High Commission[18] have strongly criticised laws like Article 522 in other parts of the world. These organisations have been working towards abolishing this kind of laws, and in several cases they have been successful.

Bahrain

Article 353 of the penal code of Bahrain, dating from 1958, has undergone several amendments since its adoption. It states that if a perpetrator marries the victim before the final sentencing is pronounced, the charges will be dropped[19] and criminal proceedings will be suspended.[20][21] The law has been under hard criticism from the international community in the early 21st century. Parliament voted to abolish it on 31 May 2016,[7] and the Bahraini government started the discussions of abolishing or reforming Article 353, and reached a final decision to repeal the article. However, the government was still examining the law by December 2016.[7] As of July 2017, the government was only willing to repeal the marriage option in case of a gang rape.[3]

Egypt

Article 291 of the Egyptian penal code was abolished by former president Hosni Mubarak by means of a presidential decree in 1999.[22] The article was inspired in a French provision and was adopted in 1904.[23] It allowed any individual who committed sexual assault to avoid penalty enforced by law. In order to do so, the individual had to enter into marriage with the female that had undergone the sexual assault.[24]

Jordan

Article 308 in the Jordanian Penal Code was voted to be abolished by Parliament on 1 August 2017. The article allowed for an aggressor of sexual assault to avoid persecution and punishment if he married the victim.[25] The article was amended in 2016, barring full pardon in cases of rape but keeping a loophole clause that pardoned perpetrators if they married the victim if she is aged between 15 and 18 and if the assault was regarded as “consensual.” Early in 2017, the 10-person Royal Committee for Developing the Judiciary and Enhancing the Rule of Law presented King Abdullah a report recommending the closing of the loophole.[26] The article was abolished in a "historic vote" by the House of Representatives of the Parliament on 1 August 2017.[27]

Lebanon

A 2016 campaign poster against the Lebanese rape-marriage law.

In December 2016, the Lebanese non-governmental organization, Abaad MENA, launched the campaign "A White Dress Doesn't Cover the Rape" with the aim to abolish Article 522 of the Lebanese Penal Code, which had been labelled as the "rape law."[28] The campaign included street protests, the hashtag #Undress522 in social media and a video of a raped women covered in bruises turned into a bride.

A month before the launching of the campaign, the NGO[29] executed a country-wide plan to raise awareness on the article to which only 1% of Lebanese population were discerned of.[28] Within the first few weeks of the campaign, influential figures expressed their support for the movement against Article 522, like the Prime Minister, Saad Hariri, who did so on his twitter account.[7]

Malaysia

Malaysia does not have any rape-marriage law, but in 2015–16, it almost got one. The Sessions Court verdict that a man accused of two counts of statutory rape of a 14-year-old girl from Petra Jaya in the Malaysian part of Borneo in October 2015, would escape punishment because he claimed to have married his victim,[30] was overruled by the High Court in Sabah and Sarawak in August 2016 after large-scale protests argued this would set a dangerous precedent for child rapists to escape punishment.[31]

Morocco

In 2012, Morocco amended Article 475, which provided between one- to five-year prison sentence for a perpetrator that abducted or deceived a minor with no resort to violence or threat, or attempted to do so. The Article included a second clause that permitted to cease the persecution if the assaulter married the girl or woman.[32][33] Different protests and campaigns took place in Morocco prior to the abolition of the Article.[34] The Parliament abolished the law as it was considered to be at odds with the 2011 constitution.[34]

Peru

In 1997 a new legislation was adopted to the Peruvian Penal Code from 1924 concerning sexual assault, in which there was a marriage exception, i.e. if a perpetrator offered a marriage proposal and the offended/victim accepted, charges of sexual assault would be withdrawn. The Peruvian Congress enforced the legislation, after the issue had been raised to them.[35][36]

Uruguay

Article 116 of the Penal Code and Articles 22 and 23 of the executive order nº 15.032 of Uruguay were repealed in 2006. The articles stated that in crimes of sexual assault, statutory rape, abduction, and disrespect of modesty, the penalty would be extinguished in cases where the assailant and the victim made a matrimonial contract.[37][38]

Laws by country

Note: The table can be sorted alphabetically or chronologically using the icons.

Marry-your-rapist laws by country or territory
Country Adopted Repealed Notes
Algeria –[39] Article 326 of the Algerian penal law states that if an 'abducted or hijacked' minor marries her abductor, the abductor can only be prosecuted when the marriage is annulled by a person who has the right to annul it.[14]
Angola –[17]
Argentina <1997[9] 2012[40] Article 1088 of Argentina's Civil Code stated the rapist or abductor of an honest woman under 18 must pay her a sum of money, unless he marries her.[14]
Bahrain 1976[14] Unknown[3] Article 353 exempts rapists (defined in Article 344[14]) from punishment if they marry their victim. Parliament voted to abolish it on 31 May 2016,[7] but the government is still opposed.[3]
Bolivia <1997[9] –[41] Article 317 states that there will be no punishment if defendants marry their victim before the sentence is passed.[14] CEDAW called on Bolivia to repeal it.[41]
Brazil <1997[9] 2005[42][43] Article 107 stated that a perpetrator's penalty was annulled when he married the person he made a victim, according to crimes listed elsewhere in the Code, including rape.[14]
Cameroon –[17] Section 297 of Cameroon's Penal Code prevents prosecution for rape when marriage has been "freely consented" to by both parties, and the assaulted woman was "over the age of puberty" during the offence.[44]
Chile <1997[9] 1999[45] A new Sexual Crimes Code, which no longer contained a rape-marriage law, was enacted in July 1999.[45]
Colombia <1997[9] 1997[46]
Costa Rica <1997[9] 2007[47][7] Article 92 stated that punishment of an accused or condemned person would be cancelled if he married his underage victim, if legally possible and no objections exist from her legal representatives and the National Children's Fund.[14]
Dominican Republic <1997[9] ?
Ecuador <1997[9] 2014[48] In August 2014, a new criminal code came into force in Ecuador, and it no longer contains such provisions.[48]
Egypt 1904[14] 1999[7] Article 291 of Egypt's penal code allowed rapists or kidnappers to escape prosecution by marrying their victim.[7]
El Salvador 1996[49]
Ethiopia 2005[50]
France 1994[7]
Greece –[17] Marriage is a permissible settlement for "seduction" of a child. If the marriage is later annulled, the prosecution is reopened.[17]
Guatemala <1997[9] 2006[51] Article 200[14] stated that rapist could be exonerated if he promised to marry his victim, provided she had reached the age of 12.[51]
Honduras <1997[9] ?
Iraq 1969[14] –[17] Article 427 of Iraq's penal code states that if the perpetrator lawfully marries the victim, any legal action becomes void.[17][14]
Italy 1981[7][46]
Jordan 1960[39][14] Expected[8] On 1 August 2017, Parliament voted to abolish Article 308 of Jordan's penal code. The Senate and the King are expected to approve.[8]
Kuwait 1960[14] –[17] Article 182 states that if the rapist legally marries his victim with her guardian's permission, and the guardian requests that he is not punished, he won't be punished as he would be under Article 180.[17][14]
Lebanon 1948[14] Unknown[3][17] Article 522 of Lebanon's penal code absolves rapists from their crime if they marry their victim.[3][17] In December 2016, the parliamentary Administration and Justice Committee approved its repeal.[17]
Libya 1953[14] –[17][39] Under Article 424, the perpetrator, as well as any accomplice, can avoid imprisonment for rape as stipulated in Article 407 if he makes a contract of marriage with his victim.[14]
Mexico 1931[52] 1991[46] The national marry-your-rapist law was repealed in 1991.[46] In 2017, the laws of three states (Campeche, Baja California and Sonora) provide that marriage to the victim exonerates the perpetrator of the crime of estupro (seduction of minors).[53]
Morocco 2014[54][3] Article 475 of Morocco's penal code exempted rapists from punishment if they married their victim.[17]
Nicaragua <1997[9] 2008[55] Article 196 stated that if the victim marries the offender or grants her pardon, the procedure is suspended and the sentence imposed is cancelled.[14]
Palestine 1959[14] –[39] Since being annexed by Egypt in 1959, the Gaza Strip has applied Egyptian penal law Articles 290 and 291, although these have been repealed in Egypt itself in 1999.[14]
After being annexed by Jordan in 1950, the West Bank has applied the 1960 Jordanian penal law Article 308.[14]
Panama <1997[9] 2008[56] Article 225[14] stated that a rapist could marry his victim (aged 14 or older) in order to avoid potential charges.[56]
Paraguay <1997[9] ?
Peru 1924[9] 1999[46] The 1924 law, Article 78,[14] was modified in 1991 to absolve co-defendants in a gang rape case if one of them married the victim.[9]
Philippines –[3] The The Anti-Rape Law of 1997 states "Article 266-C. Effect of Pardon. - The subsequent valid marriage between the offended party shall extinguish the criminal action or the penalty imposed."[57] See Rape in the Philippines.
Romania 2000[7]
Russia –[17] If the perpetrator is aged 18 or older and has committed statutory rape with a minor below 16, he is exempt from punishment if he marries the victim.[17]
Serbia –[17] “Cohabiting with a minor” and “enabl[ing] or induc[ing] a minor to cohabit with another person” is prohibited, but “[i]f a marriage is concluded”, there will be no prosecution.[17]
Syria 1949[14] –[17][39] Syria's penal code Article 508, in combination with Article 489, is a perfect copy of the Lebanese Articles 503 and 522.[14]
Tajikistan –[17]
Thailand –[17] An offence may be settled through marrying the victim if she is over 15 years old and 'consented' during the offence, and the court grants permission to the perpetrator, who must be at least 18.[17]
Tonga 1926[58] –[58] The Parent Consent Act 1926 allows rapists to marry their victim (between the age of 14 and 18) if the victim's parents give consent.[58]
Turkey 2005[59] Turkey's rape-marriage law was repealed in 2005, as part of efforts to join the European Union. In November 2016, a government plan to reinstate the law and exonerate around 3,000 rapists by having them marry their victims was cancelled due to mass protests.[59]
Tunisia 1913[14] Expected 2018[60] Article 227 states the offender's prosecution or sentence is suspended if he marries his victim.[14] The proposal to repeal the law, approved by Parliament on 26 July 2017, is expected to come into force in 2018.[60]
Uruguay <1997[9] 2005[61] Article 116.[14]
Venezuela <1997[9] ? Article 395,[14] amended in 1999, states that "persons guilty of seduction, rape or abduction shall, unless marriage takes place, be sentenced to pay civil compensation to the victim."[62]

References

  1. ↑ Nora Fakim (17 March 2012). "Morocco protest against rape-marriage law". BBC News. Retrieved 4 August 2017.
  2. ↑ "Moroccans call for end to rape-marriage laws". Aljazeera English. 17 March 2012. Retrieved 4 August 2017.
  3. 1 2 3 4 5 6 7 8 9 10 Somini Sengupta (22 July 2017). "One by One, Marry-Your-Rapist Laws Are Falling in the Middle East". The New York Times. Retrieved 4 August 2017.
  4. ↑ "Jordan repeals 'marry the rapist' law". Deutsche Welle. 1 August 2017. Retrieved 6 August 2017.
  5. ↑ Alice Su (1 August 2017). "Activists in Jordan Celebrate the Repeal of a 'Marry the Rapist' Law". Time. Retrieved 6 August 2017.
  6. ↑ Encyclopedia of Women and Islamic Cultures: Family, Law and Politics. Retrieved 2013-08-17.
  7. 1 2 3 4 5 6 7 8 9 10 11 12 "Lebanon: Reform Rape Laws". Human Rights Watch. 19 December 2016. Retrieved 4 August 2017.
  8. 1 2 3 Somini Sengupta (1 August 2017). "Jordan Moves to Repeal Marry-Your-Rapist Law". The New York Times. Retrieved 4 August 2017.
  9. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Calvin Sims (12 March 1997). "Justice in Peru: Victim Gets Rapist for a Husband". The New York Times. Retrieved 4 August 2017.
  10. ↑ Shrage, Laurie J.; Stewart, Robert Scott (2015). Philosophizing About Sex. Toronto: Broadview Press. p. 59. ISBN 9781770485365. Retrieved 4 August 2017.
  11. ↑ Newsom, Carol Ann; Ringe, Sharon H. (1998). Women's Bible Commentary. Westminster John Knox Press. p. 62–63. ISBN 9780664257811. Retrieved 4 August 2017.
  12. ↑ Bardsley, Sandy (2007). Women's Roles in the Middle Ages. London: Greenwood Publishing Group. p. 138. ISBN 9780313336355. Retrieved 5 August 2017.
  13. ↑ Witte, John; Robert M. Kingdon (2005). Sex, marriage, and family life in John Calvin's Geneva. Grand Rapids, Mich.: W.B. Eerdmans Pub. Co. pp. 120–22. ISBN 978-0-8028-4803-1.
  14. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 "The Middle East’s “Rape-Marriage” Laws". Selfscholar. 18 July 2012. Retrieved 6 August 2017.
  15. ↑ https://www.hrw.org/news/2016/12/19/lebanon-reform-rape-laws
  16. ↑ "IRIN Africa - ETHIOPIA: Surviving forced marriage - Ethiopia - Children - Gender Issues". IRINnews. Retrieved 22 August 2015.
  17. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Yasmeen Hassan; et al. (February 2017). "The World's Shame: The Global Rape Epidemic" (PDF). Equality Now Rape Law Reports. Equality Now. Retrieved 4 February 2017.
  18. ↑ OHCHR "Civil Society stakeholders brief Committee on the Elimination of Discrimination against Women on Lebanon, United Arab Emirates and Malawi - See more at: http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=16699&LangID=E#sthash.stSQ6NgD.dpuf" OHCHR, November 2, 2015, Accessed January 20, 2017.
  19. ↑ Graham-Harrison, Emma (2014-02-04). "New Afghanistan law to silence victims of violence against women". The Guardian. ISSN 0261-3077. Retrieved 2017-03-17.
  20. ↑ BCHR “Family Law in Bahrain” Bahrain Center of Human Rights February 10, 2014. Accessed March 14, 2017
  21. ↑ Hamada, Suad “RIGHTS-BAHRAIN: Weak Laws Let Rapists Off the Hook” Inter Press Agency March 16, 2010. Accessed March 14, 2017
  22. ↑ AP (April 4, 1999). "Egypt to abolish archaic rape law". The Independent. Retrieved March 17, 2017.
  23. ↑ Dupret, Baudouin (2011). Adjudication in Action: An Ethnomethodology of Law, Morality and Justice. p. 66.
  24. ↑ Sadek, George “Egypt: Sexual Violence Against Women” The Law Library of Congress, Global Legal Research Center, October 2016, Accessed March 14, 2017
  25. ↑ Arab, The New. "Jordan might end law allowing rapists to marry victims". alaraby. Retrieved 2017-03-17.
  26. ↑ "Activists applaud Royal committee’s recommendations on women rights".
  27. ↑ "In historic vote, House abolishes controversial Article 308". The Jordan Times. 1 August 2017. Retrieved 1 August 2017.
  28. 1 2 Massena, Florence "Lebanese activists succeed in first step to repealing controversial 'rape law'" Al-Monitor, December 12, 2016. Accessed January 20, 2017.
  29. ↑ Domat, Chloé "Campaign grows in Lebanon to abolish law enabling rapist to marry victim" Middle East Eye, December 29, 2016. Accessed March 12, 2017
  30. ↑ Yenni Kwok (4 August 2016). "Malaysian Man Accused of Rape Avoids Jail After Marrying His Teenage Victim". Time. Retrieved 4 August 2017.
  31. ↑ Lian Cheng & Anasathia Jenis (5 August 2016). "High Court reinstates statutory rape case *updated". The Borneo Post. Retrieved 4 August 2017.
  32. ↑ Fakim, Nora “Morocco amends controversial rape marriage law” BBC January 23, 2014. Accessed March 14, 2017
  33. ↑ Al Jazeera "Morocco repeals 'rape marriage law" Al Jazeera, January 23, 2014. Accessed February 18, 2017.
  34. 1 2 Bakhadda, Fadoua (February 7, 2014). "How NGOs helped change Moroccan law on rapists marrying their victims". The Guardian. Retrieved March 17, 2017.
  35. ↑ Sims, Calvin “Justice in Peru: Victim Gets Rapist for a Husband” New York Times March 12, 1997. Accessed March 14, 2017
  36. ↑ N/A “Women’s Rights in Peru: A Shadow Report” The Center for Reproductive Law and Policy 2000. Accessed March 14, 2017
  37. ↑ N/A “Consideration of reports submitted by States parties under article 18 of the Convention on the Elimination of All Forms of Discrimination against Women” Committee on the Elimination of Discrimination against Women (CEDAW) – United Nations, June 21, 2007, Accessed March 14, 2017
  38. ↑ La Red 21 "Derogan artículo del Código Penal que extinguía delito de violación por matrimonio con la víctima" La Red 21 January 2, 2006.
  39. 1 2 3 4 5 Nicole Morley (27 April 2017). "Law that pardons rapists who marry their victim could finally be abolished in Jordan". Metro UK. Retrieved 4 August 2017.
  40. ↑ "Página/12 :: Sociedad :: Punto final para una cláusula retrógrada". Retrieved 22 August 2015.
  41. 1 2 Committee on the Elimination of Discrimination Against Women (9 June 2017). Report of the Committee on the Elimination of Discrimination Against Women: Fifty-eighth Session, 30 June-18-july 2014; Fifty-ninth Session, 20 October-7 November 2014; Sixtieth Session, 16 February-6 March 2015. United Nations. p. 15–16. Retrieved 10 August 2017.
  42. ↑ http://www.iwraw-ap.org/resources/pdf/BRAZIL_SHADOWREPORT_CEDAW_June,18%5B1%5D.pdf Archived 1 February 2014 at the Wayback Machine.
  43. ↑ "Decriminalization of adultery and defenses". Endvawnow.org. Retrieved 2013-08-17.
  44. ↑ Immigration and Refugee Board of Canada (2 December 2010). "Cameroon: Domestic violence, including legislation, availability of state protection and support services for victims". Refworld. UNHCR. Retrieved 10 August 2017.
  45. 1 2 Mirsky, Judith; Radlett, Marty (2000). No Paradise Yet: The World's Women Face the New Century. London: Zed Books. p. 145. ISBN 9781856499224. Retrieved 9 August 2017.
  46. 1 2 3 4 5 Warrick, Catherine. (2009). Law in the service of legitimacy: Gender and politics in Jordan. Farnham, Surrey, England; Burlington, Vt.: Ashgate Pub. p. 66. ISBN 978-0-7546-7587-7.
  47. ↑ "D. Violence against women (p. 4)" (PDF). United Nations Women Watch. September 2009. Retrieved 4 August 2017.
  48. 1 2 Código Orgánico Integral Penal.
  49. ↑ "El Salvador Country Report on Human Rights Practices for 1998". Archived from the original on 20 December 2014. Retrieved 9 August 2017.
  50. ↑ Barad, E.; E. Slattery; Enikő Horváth; Monwabisi Zukani; Desmond Eppel; Monica Kays; Abdoul Konare; Yeora S. Park; Ekaterina Y. Pischalnikova; Nathaniel Stankard; Tally Zingher; Alana F. Montas; Nicole Manara (2007). "Gender-Based Violence Laws in Sub-Saharan Africa". Committee on African Affairs of the New York City Bar. p. 30.
  51. 1 2 Guatemala Human Rights Commission/USA, "For Women's Right to Live: FAQs."
  52. ↑ Neumann, Caryn E. (2010). Sexual Crime: A Reference Handbook. Santa Barbara: ABC-CLIO. p. 93–94. ISBN 9781598841787. Retrieved 11 August 2017.
  53. ↑ http://www.semmexico.com/nota.php?idnota=2090
  54. ↑ Nora Fakim (23 January 2014). "Morocco amends controversial rape marriage law". BBC News. Retrieved 4 August 2017.
  55. ↑ "Nicaragua: Código Penal (Ley Nº 641)". Wipo.int. Retrieved 2016-07-16.
  56. 1 2 "2009 Human Rights Report: Panama". U.S. Department of State. Retrieved 10 August 2017.
  57. ↑ http://www.chanrobles.com/republicactno8353.htm
  58. 1 2 3 Indira Stewart (26 August 2016). "'Archaic' Tongan law allows forced marriage to rapists". RNZ International. Radio New Zealand. Retrieved 4 August 2017.
  59. 1 2 Lucy Pasha-Robinson, Adam Withnall (22 November 2016). "Turkey scraps plans for law that would have pardoned rapists who marry underage victims". The Independent. Retrieved 10 August 2017.
  60. 1 2 "Tunisia passes law to 'end all violence' against women". Middle East Eye. 26 July 2017. Retrieved 4 August 2017.
  61. ↑ "The Secretary Generals database on violence against women". Sgdatabase.unwomen.org. Archived from the original on 25 July 2013. Retrieved 2013-08-17.
  62. ↑ United Nations., Division for the Advancement of Women (2000). Bringing International Human Rights Law Home: Judicial Colloquium on the Domestic Application of the Convention on the Elimination of All Forms of Discrimination Against Women and the Convention on the Rights of the Child. New York: United Nations Publications. p. 193. ISBN 9789211302042. Retrieved 11 August 2017.
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