The Rabat Court of Cassation on October 10 reversed Morocco’s first ever conviction for marital rape that occurred in 2019, according to local media reports. The appellate court reversed the conviction due to the absence of a criminal law in Morocco that defines unconsensual sex in marriage as rape or criminalizes rape within marriage.
In 2019, the Tangier Court of Appeal convicted a husband of raping his wife after she provided medical evidence of serious injuries that supported her claim. However, the Court of Cassation overturned the decision, citing the lack of specific laws in Morocco’s Criminal Code that make marital rape a crime.
The controversial case has ignited widespread debate. Had the conviction been affirmed, it would have established crucial legal precedent for upholding women’s rights in the kingdom.
Morocco has enacted laws addressing various forms of rape against both men and women under its “Law to Combat Violence Against Women” (Law No. 103-13), enacted in 2018. However, there remains criticism regarding the law’s implementation and gaps in legal protections for women remain.
Women’s rights organizations in Morocco and elsewhere have long advocated improvements and additional measures to protect women’s rights and strengthen the justice system’s role in this area to provide accountability for gender-based violence of all types, including marital rape.
Marital rape is typically defined as non-consensual sex within marriage. Morocco is one of a small number of countries, mainly developing countries in the Middle East and Africa, where it is still perfectly legal to rape one’s spouse.