Rape victim forced to marry attacker in Morocco

 

The tragedy of a 16-year-old girl who killed herself after she was forced to marry her rapist has spurred outrage in Morocco and calls for changes to the country's laws.

An online petition, a Facebook page and countless tweets expressed horror over the suicide of Amina Filali, who swallowed rat poison on Saturday in protest at her marriage to the man who raped her a year earlier.

Article 475 of the Moroccan penal code allows for the "kidnapper" of a minor to marry his victim to escape prosecution, and it has been used to justify a traditional practice of making a rapist marry his victim to preserve the honour of the woman's family.

"Amina, 16, was triply violated, by her rapist, by tradition and by Article 475 of the Moroccan law," tweeted activist Abadila Maaelaynine.

Abdelaziz Nouaydi, who runs the Adala Assocation for legal reform, said a judge can recommend marriage only in the case of agreement by the victim and both families.

"It is not something that happens a great deal - it is very rare," he said, but admitted that the family of the victim sometimes agrees out of fear that she won't be able to find a husband if it is known she was raped.

The marriage is then pushed on the victim by the families to avoid scandal, said Fouzia Assouli, president of Democratic League for Women's Rights.

"It is unfortunately a recurring phenomenon," she said."We have been asking for years for the cancellation of Article 475 of the penal code which allows the rapist to escape justice."

The victim's father said in an interview with an online Moroccan newspaper that it was the court officials who suggested from the beginning the marriage option when they reported the rape.

"The prosecutor advised my daughter to marry, he said 'go and make the marriage contract,"' said Lahcen Filali in an interview that appeared on goud.ma Tuesday night.

In many societies, the loss of a woman's virginity outside of wedlock is a huge stain of honour on the family.

In many parts of the Middle East, there is a tradition whereby a rapist can escape prosecution if he marries his victim, thereby restoring her honour. There is a similar injunction in the Old Testament's Book of Deuteronomy

Morocco updated its family code in 2004 in a landmark improvement of the situation of women, but activists say there's still room for improvement.

In cases of rape, the burden of proof is often on the victim and if she can't prove she was attacked, a woman risks being prosecuted for debauchery.

"In Morocco, the law protects public morality but not the individual," said Assouli, adding that legislation outlawing all forms of violence against women, including rape within marriage, has been stuck in the government since 2006.

According to the father's interview, the girl was accosted on the street and raped when she was 15, but it was two months before she told her parents.

He said the court pushed the marriage, even though the perpetrator initially refused. He only consented when faced with prosecution. The penalty for rape is between five and 10 years in prison, but rises to 10 to 20 in the case of a minor.

He said Amina complained to her mother that her husband was beating her repeatedly during the five months of marriage but that her mother counselled patience.

A Facebook page called "We are all Amina Filali" has been formed and an online petition calling for Morocco to end the practice of marrying rapists and their victims has already gathered more than 1,000 signatures.

AP

Start your day with The Independent, sign up for daily news emails
Have you tried new the Independent Digital Edition apps?
ebooks
ebooksAn introduction to the ground rules of British democracy
Latest stories from i100
Have you tried new the Independent Digital Edition apps?
SPONSORED FEATURES
Independent Dating
and  

By clicking 'Search' you
are agreeing to our
Terms of Use.

iJobs Job Widget
iJobs General

Recruitment Genius: Cabinet Maker / Joiner

£22000 - £24000 per annum: Recruitment Genius: This bespoke furniture and inte...

Recruitment Genius: Graphic and Motion Designer

Negotiable: Recruitment Genius: Do you get a buzz from thinking up new ideas a...

Recruitment Genius: Media Telesales Executive - OTE £25,000

£14500 - £16000 per annum: Recruitment Genius: This is an opportunity to join ...

Recruitment Genius: Female Care Worker

£7 - £8 per hour: Recruitment Genius: This expanding, vibrant charity which su...

Day In a Page

Refugee crisis: David Cameron lowered the flag for the dead king of Saudi Arabia - will he do the same honour for little Aylan Kurdi?

Cameron lowered the flag for the dead king of Saudi Arabia...

But will he do the same honour for little Aylan Kurdi, asks Robert Fisk
Our leaders lack courage in this refugee crisis. We are shamed by our European neighbours

Our leaders lack courage in this refugee crisis. We are shamed by our European neighbours

Humanity must be at the heart of politics, says Jeremy Corbyn
Joe Biden's 'tease tour': Could the US Vice-President be testing the water for a presidential run?

Joe Biden's 'tease tour'

Could the US Vice-President be testing the water for a presidential run?
Britain's 24-hour culture: With the 'leisured society' a distant dream we're working longer and less regular hours than ever

Britain's 24-hour culture

With the 'leisured society' a distant dream we're working longer and less regular hours than ever
Diplomacy board game: Treachery is the way to win - which makes it just like the real thing

The addictive nature of Diplomacy

Bullying, betrayal, aggression – it may be just a board game, but the family that plays Diplomacy may never look at each other in the same way again
Lady Chatterley's Lover: Racy underwear for fans of DH Lawrence's equally racy tome

Fashion: Ooh, Lady Chatterley!

Take inspiration from DH Lawrence's racy tome with equally racy underwear
8 best children's clocks

Tick-tock: 8 best children's clocks

Whether you’re teaching them to tell the time or putting the finishing touches to a nursery, there’s a ticker for that
Charlie Austin: Queens Park Rangers striker says ‘If the move is not right, I’m not going’

Charlie Austin: ‘If the move is not right, I’m not going’

After hitting 18 goals in the Premier League last season, the QPR striker was the great non-deal of transfer deadline day. But he says he'd preferred another shot at promotion
Isis profits from destruction of antiquities by selling relics to dealers - and then blowing up the buildings they come from to conceal the evidence of looting

How Isis profits from destruction of antiquities

Robert Fisk on the terrorist group's manipulation of the market to increase the price of artefacts
Labour leadership: Andy Burnham urges Jeremy Corbyn voters to think again in last-minute plea

'If we lose touch we’ll end up with two decades of the Tories'

In an exclusive interview, Andy Burnham urges Jeremy Corbyn voters to think again in last-minute plea
Tunisia fears its Arab Spring could be reversed as the new regime becomes as intolerant of dissent as its predecessor

The Arab Spring reversed

Tunisian protesters fear that a new law will whitewash corrupt businessmen and officials, but they are finding that the new regime is becoming as intolerant of dissent as its predecessor
King Arthur: Legendary figure was real and lived most of his life in Strathclyde, academic claims

Academic claims King Arthur was real - and reveals where he lived

Dr Andrew Breeze says the legendary figure did exist – but was a general, not a king
Who is Oliver Bonas and how has he captured middle-class hearts?

Who is Oliver Bonas?

It's the first high-street store to pay its staff the living wage, and it saw out the recession in style
Earth has 'lost more than half its trees' since humans first started cutting them down

Axe-wielding Man fells half the world’s trees – leaving us just 422 each

However, the number of trees may be eight times higher than previously thought
60 years of Scalextric: Model cars are now stuffed with as much tech as real ones

60 years of Scalextric

Model cars are now stuffed with as much tech as real ones