Thursday, January 23, 2014

Morocco amends law allowing rapists of underage girls to avoid prosecution by marrying the victim. 16 year old rape victim recently committed suicide by taking rat poison after being forced by court to marry her rapist-BBC, Al Jazeera

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Second clause of Article 475 amended so that rapists of underage girls don't automatically become immune from prosecution by marrying the victim. Moroccan judges often force underage girls to marry their rapists:

1/22/14, "Morocco amends controversial rape marriage law," BBC

"The parliament of Morocco has unanimously amended an article of the penal code that allowed rapists of underage girls to avoid prosecution by marrying their victims. 

The move follows intensive lobbying by activists for better protection of young rape victims. The amendment has been welcomed by rights groups. Article 475 of the penal code generated unprecedented public criticism. It was first proposed by Morocco's Islamist-led government a year ago.

But the issue came to public prominence in 2012 when 16-year-old Amina Filali killed herself after being forced to marry her rapist
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She accused Moustapha Fellak, who at the time was about 25, of physical abuse after they married, which he denies. After seven months of marriage, Ms Filali swallowed rat poison.

The case shocked many people in Morocco, received extensive media coverage and sparked protests in the capital Rabat and other cities.

Article 475 provides for a prison term of one to five years for anyone who "abducts or deceives" a minor "without violence, threat or fraud, or attempts to do so".

But the second clause of the article specifies that when the victim marries the perpetrator, "he can no longer be prosecuted except by persons empowered to demand the annulment of the marriage and then only after the annulment has been proclaimed". This effectively prevents prosecutors from independently pursuing rape charges.

In conservative rural parts of Morocco, an unmarried girl or woman who has lost her virginity - even through rape - is considered to have dishonoured her family and no longer suitable for marriage. Some families believe that marrying the rapist addresses these problems.

While welcoming the move, rights groups say that much still needs to be done to promote gender equality, protect women and outlaw child marriage in the North African country."...

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The 16 year old girl was forced to marry the man first by her parents and then a court:

1/23/14, "Morocco repeals 'rape marriage law'," Al Jazeera
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"The article in question made international headlines in March 2012 when Amina al-Filali, 16, was forced to marry a man who had allegedly raped her.

After seven months of marriage to the 23-year-old man, she committed suicide in 2012. Her parents and a judge had forced the marriage to protect the family honour.

The incident sparked calls for the law to be changed. The traditional practise of forced marriage can be found across the Middle East and in countries such as India and Afghanistan, where the loss of a woman's virginity out of wedlock puts a stain on a family's honour."...
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1/24/14, "Morocco to change rape marriage law," Al Jazeera

"Government plans to outlaw practice allowing rapists to avoid charges if they marry their victims."

"The move comes nearly a year after 16-year-old girl committed suicide after being forced to marry her alleged rapist....

A paragraph in Article 475 of the penal code allows those convicted of "corruption" or "kidnapping" of a minor to go free if they marry their victim and the practice has been encouraged by judges to spare family shame.

Last March, 16-year-old Amina al-Filali poisoned herself to get out of an abusive marriage to a 23-year-old she said had raped her. Her parents and a judge had pushed through the marriage to protect the family honour."...

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Comment: BBC uses the adjective "conservative" to describe the savage practice of disowning one's daughter after she's been raped. Even Al Jazeera is more honest than BBC, calling the practice "traditional." Al Jazeera adds: "The traditional practise of forced marriage can be found across the Middle East and in countries such as India and Afghanistan, where the loss of a woman's virginity out of wedlock puts a stain on a family's honour."


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