Jump to content

Marry-your-rapist law

From Wikipedia, the free encyclopedia

This is an old revision of this page, as edited by 158.169.40.9 (talk) at 13:35, 27 April 2018 (temps). The present address (URL) is a permanent link to this revision, which may differ significantly from the current revision.

This article is about rape before marriage. For rape within marriage, see Marital rape. For marriage by abduction, see bride kidnapping.

A marry-your-rapist law, marry-the-rapist law or rape-marriage law is a law regarding rape that exonerates an accused from prosecution for rape, sexual assault, statutory rape, abduction or similar acts if the rapist marries his rape victim. The “marry-your-rapist” law is a legal way for a rapist to avoid punishment and prosecution.[1] Although the terms for this phenomenon were only coined in the 2010s,[2][3][4][5][6] the practice has existed in a number of legal systems in history, and continues to exist in some societies today in various forms.[7] Such laws were common around the world until the 1970s. Since the late 20th century, the remaining laws of this type have been increasingly challenged and repealed in a number of countries.[4][8]

Rape
Types
Effects and motivations
By country
During conflicts
Laws
Related articles
Portals
icon Law portal

Background

In patriarchal societies, a family’s honour is often deeply linked to a woman’s chastity. As a result of this, a woman who has been raped is responsible for covering it up to protect her family’s image and often marriage is the way to do this. Proponents of rape-marriage laws argue that they shield the survivor and her family from the shame of rape. In some cases, the exposure of a girl’s rape to the public gaze through prosecuting the rapist can lead to social shame and the girl can be killed in the name of the family’s honour.[9] As a result, many women do not report their sexual assault because they fear this shame, and the possibility of being murdered by a fellow family member.[10] If a woman simply marries her rapist, she preserves her family name and avoids a life of sexual shame. In a study conducted in Taiwan in August of 2000, 35 rape survivors were interviewed to analyze the trauma that was undergone by these women, as well as any sexual shame or anxiety they may have felt as a result of their assault.[11] The results of this study show that these women feared being vocal about their assault, felt guilty for shaming their families, experienced sexual shame and self blame, and developed negative views of themselves as women.[12] Those who are against rape-marriage laws do not think victims should be left feeling this way after they have suffered an attack, or feel the need to cover up the assault by marrying the perpetrator. Opponents claim the laws promote impunity for rape, and further victimize rape survivors.[13][14] 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.[15]According to Purna Sen, the policy director for UN Women, these laws were passed to normalise the unlawful sexual activities. They make the sexual relations more respectable in the society because it is considered problematic in a few cultures. Countries who have these laws fall under the category of undeveloped countries and conservative countries.[16]

History

See also: Rape in the Hebrew Bible

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.[17]

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.[18]

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. The only consequence that the rapist faced was to pay a fine to the father of the woman that he raped. According to the Bible, women that were not engaged were not able to consent, so rape became a matter of male superiority.[19] 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.[20]

In several Middle Eastern and North African countries, marry-the-rapist laws have colonial origins in the mid-20th century. This is the case for Lebanon and Tunisia, which inherited article 308 while under French colonial rule.[21] The origins of these laws are to be traced to Ottoman imperial laws and European (French and British) colonial laws.[22] These practices were also seen in Asian countries, like India, for example. Traditionally, a woman was considered to be the property of her father. If she was raped, she was considered damaged property “so the rapist must either pay ‘compensation’ or accept the damaged goods” and marry the victim.[23] To avoid paying the family, the perpetrator often chose to marry the victim, who “had absolutely no choice but to marry the rapist and spend the rest of the life” with them.[24] In this way, some might argue that the victim of the assault had a harsher punishment than their attacker. Now, looking at India’s Penal Code, the legislation “makes it amply clear that marriage does not act as an absolving factor in case of rape”.[25]

Marry your-rapist-laws were common around the world until a few decades ago.[26] By July 2017, marry-your-rapist laws still existed – but were being challenged – in Algeria, Bahrain, Iraq, Kuwait, Libya, the Philippines, Syria and Tajikistan.[27][28]

The practice of forcing victims of rape to marry their rapists continues even in many countries where the laws allowing this have been abolished, or never explicitly existed to begin with.[29] This is the case, for example, in Ethiopia, where marriage by abduction remains common, despite it being illegal under the new 2004 Criminal Code.[30] 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 or his family."[31] Similar to Afghanistan, Somaliland also did not previously have any laws; however, it still wasn’t uncommon for a rape victim’s family to pressure them into marrying their perpetrator. [32]

As at 1997, 15 Latin American countries had laws that exonerated a rapist if he offered to marry the victim and she accepted. These countries were Argentina, Brazil, Chile, Colombia, Costa Rica, Ecuador, Guatemala, Honduras, Nicaragua, Panama, Peru (since 1924), Paraguay, the Dominican Republic, Uruguay and Venezuela.[14][33] Costa Rica exonerated a rapist if he expresses an intention to marry the victim, even if she did not accept.[33] The law in Peru was modified in 1991 to absolve all co-defendants in a gang rape case if any one of them married the victim. By 2017, all but four of these countries have definitely repealed these laws. Colombia repealed the law in 1997, Peru and Chile in 1999, Brazil and Uruguay in 2005, Nicaragua and Guatemala in 2006, Costa Rica in 2007, Panama in 2008, Argentina in 2012, Ecuador in 2014. Italy had similar laws until 1981. Even countries that didn’t formally have laws, like Somaliland, have passed laws to punish these acts of sexual violence so perpetrators are no longer able to escape the consequences of their actions through marriage.[34] Just this year, the government “introduced a bill to outlaw rape and other violent sexual crimes for the first time in its history, which would see rapists imprisoned for up to 30 years”.[35] The president of Somaliland, Musa Bihi Adbi, hopes that this law will help to eliminate violence against women throughout the country.[36]

Campaigns for repeal

See also: Anti-rape movement

Several human rights organisations such as Human Rights Watch,[8] and the United Nations Human Rights High Commission[37] have strongly criticised "marry your rapist laws" 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. However, the opposition to the “marry-your-rapist” laws has been less significant than the other demands made by women’s groups to criminalize marital rape altogether.[38]

Bahrain

Article 353 of the Bahrain Penal Code, 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[39] and criminal proceedings will be suspended.[40][41] 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,[8] 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.[8] As of July 2017, the government was only willing to repeal the marriage option in case of a gang rape.[4]

Egypt

In 1999, Article 291 of the Egypt Penal Code was repealed by former president Hosni Mubarak by a presidential decree.[42] The original article had been adopted in 1904 and inspired by a French provision.[43] The original article allowed any individual who committed sexual assault to avoid penalty if he entered into marriage with the female victim.[44] “In the Egyptian parliamentary debate surrounding the decree to remove the ‘‘marriage loophole,’’ some lawmakers have objected to altering the existing law on the grounds that it provided raped women with their only chance to marry, since after having been raped, no other man would want them (‘‘Egypt’s president voids law setting free rapists who marry victim,’’ Associated Press, 5 April 1999, n.p.). Rape law has, in statute and in practice, privileged the protection of social order over the provision of individual criminal justice.”[45]

El Salvador

“In 1996 the Assembly of El Salvador repealed an old law that exonerated a rapist if he offered to marry the victim and she accepted.”[46] However, many rapists still had the ability to get away with rape by marrying the victim according to a law made in 1994 known as Article 14, which stated that as a general rule, persons under eighteen years of age can not marry, but established in the second paragraph, that exceptionally they can contract marriage if they are pubescent, they already have a child in common, or if the woman is pregnant.[47] This law was abolished in 2017.[48]

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.[49] 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.[50] The article was abolished in a "historic vote" by the House of Representatives of the Parliament on 1 August 2017.[51] Article 308 of the Jordanian reformatory code implies that a rapist can escape punishment on the off chance that he consents to wed his victim. Only if the marriage lasts under three years does he need to serve his time.  Through 2010 and 2013, a sum of 159 attackers strolled free along the lines of their punishment.[52]Due to family and social pressures the rape victim chooses to settle the matter by marrying the rapist. “The law has permitted such a resolution out of recognition of the cultural value placed upon female virginity at marriage; despoiled girls and women are a source of shame for their families, innocent of wrongdoing though they may be.”[45]Even though settling the case by marrying the rapist is viewed as a practical solution, the attackers frequently separate from their spouses/casualties not long after in the wake of wedding to stay away from criminal accusations.[45]“The marriage loophole was created and used for the purpose of providing social problem solving rather than criminal justice, and it addressed the social practices surrounding raped women and family honour, rather than the crimes against individual women. The problem of the social existence of a raped woman is settled by having the rape victim disappear, to be replaced by a wife.”[45]Marital rape that takes place behind closed doors remains legal in Jordan.

To resolve these issues there is an Islamic charity called “the Chastity Society” (Al-‘Af¯af). The director of the society, Dr. Mufid Sarhan explained that “falling marriage rates were socially disruptive and threatened to draw youths into illegitimate sexual relations, and he blamed the situation on a combination of government mismanagement and backward societal expectations that put marriage out of reach for many. To mitigate the disruptive potential of the crisis, the Chastity Society organized an annual mass wedding as a more efficient and cost-effective alternative to traditional weddings and worked with the Jordan Islamic Bank to dispense millions of dinar in interest-free loans to young couples. Led by President Abdul-Latif Arabiyyat (former head of the Jordanian Muslim Brotherhood’s political wing, the Islamic Action Front), the society presented itself as an alternative to the family and the state, which were rendered deficient in its view because of their inability to properly channel the sexual relationships of Jordanian youth. Through its knowledge production and broader activism, the Chastity Society used the state’s Sharia Court data as evidence of the state’s failure to legitimate the marriages of its citizens—and, hence, as evidence of the moral inadequacy of the state itself.” [53]

Lebanon

Main article: Campaign against the Lebanese rape-marriage law Article 522

Article 522 of the Lebanon Penal Code became apart of the law in the 1940s and stated that rape was a punishable offense, where the attacker could receive up to seven years in prison.[54] However, no criminal prosecution would take place if the perpetrator and their victim got married, and stayed married for a minimum of three years.[55] In 2017, Article 522 of the Lebanon Penal Code, which had been labelled a "rape law"[56] was repealed and Articles 505 and 518 are to be reexaminated.[57] After Article 522 was repealed, it was argued by many that the law still lived on through Articles 505 and 518.[58] Article 505 involves the act of sex with a minor, while Article 518 deals with the seduction of a minor accompanied by the promise of marriage.[59]

Malaysia

Malaysia does not have a rape-marriage law, but nearly did by judicial ruling in 2015–16. 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,[60] 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.[61] Because Malaysia does not have a law against marital rape, it is not uncommon for a rapist to marry their victim after an attack, then claim that the assault happened after they were married.[62] Perpetrators can indeed be punished for acts of sexual violence if they are not married to their victim, but the absence of a law against marital rape provides a loophole, allowing rapists to marry their victims to avoid punishment.

Morocco

Further information: Suicide of Amina Filali

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 the withdrawal of a persecution if the perpetrator married the girl or woman.[63][64] A number of protests and campaigns took place in Morocco prior to the abolition of the Article.[65] The Parliament abolished the law in 2014[66] as it was considered to be at odds with the 2011 constitution.[65]

Peru

After gaining independence in 1821, the first draft of the Peruvian penal code included a section specifically focused on the violence against women. This section encompassed a certain legal code that was meant to protect the “virginity” of women. It was not until 1924 when legislation was passed which stated that rapists were legally able to be exempt from sexual assault charges through a loophole. In cases of rape and to serve as a punishment for the perpetrator, the victim was required to enter into a marriage with their rapist.[67] The notion that marriage could possibly restore a raped woman’s honor has been linked to the countries historical, patriarchal, and gender norms. In 1991, this law was modified to absolve co-conspirators in a gang rape case if one of them marries the victim. These laws were enacted upon the belief that it would protect the honor of both the victim and their family.[68]

According to cultural beliefs, instead of losing her virginity because of immoral behavior, a woman -or her father- retains the ability to claim that the act had taken place due to coercion, thereby saving the victims personal virtue. Marriage, in turn, would solve the problem of a lost virginity and possible illegitimate child, thus returning honor to the family.[68] Peruvian government started to design and implement policies against domestic violence in 1988 after research showed them to have one of the highest rates of domestic violence against women ranking them 16th in the world. Per research, statistics from several Peruvian institutions, including emergency centers, police reports, and the Ministry for Women and Social Development, approximately 68,818 reports of sexual assaults were received during a ten-year span, which averages to an estimate of 18.8 cases that are reported per day. [69]

On April 3, 1997, The Peruvian Congress voted to repeal the 1924 law that allowed rapists to be exonerated from sexual assault charges if they married their victims. The bill was passed by a vote of 86 to 1. According to congresswoman Beatriz Merino, who sponsored the bill, “This is a great victory for Peruvian women, and also for Peruvian men, since all of us together can celebrate the end of this embarrassment”.[70]

Syria

Syria’s family and criminal law are based on Sharia and as a result women and men are treated unequally under many of the current laws in place. This can be seen in the laws concerning rape as rapists can escape punishment if the victim agrees to marriage as stated in Article 508 of the penal code, "If there is a contracted marriage between the man who commits rape, sexual abuse, kidnapping, sexual harassment and the victim, then there is no charge or the punishment is stopped”.[71] This law is particularly harmful because many victims are pressured into marrying their rapist due to societal pressures. Unlike some other countries, rapists cannot marry victims that are too young to get married, even in cases of pregnancy and, in fact, receive an extended prison sentence. [71]

Tunisia

In July 2017, Tunisia repealed Article 227 of its Criminal Code which provided a rapist the exemption to avoid all investigations or legal consequences if he married his victim.[72] This repeal of the “marry-your-rapist” law was part of a much larger law in Tunisia to outlaw all violence against women. In a 2010 study by the National Office of Family and Population, 47% of Tunisian women reported being victims of violence.[73] In an event that occurred in 2016, a young man raped his 13-year-old step-sister and married her after she became pregnant. An alleged rapist was able to end his prosecution if he married his victim. The court ruled that this was allowed under Article 277, which has since been removed. The backlash that was received after this ruling contributed to the repeal of the Article in 2017. [74] The new law encompasses all forms of violence or discrimination against women, such as psychological abuse or economic discrimination, and is thus a breakthroughs for women’s rights in Tunisia.[75] The same law criminalizes marital rape, classifying it as a crime in its own right, and has been commended for its preventative measures to the issue of violence.[76]

Background

Under the Ben Ali regime, women's rights were not given much importance. Women made up only 20% of Tunisia’s work force, and they were constrained to low-paying, insecure jobs. Rural Tunisian women also faced deprivation and hardship.[77] Freedoms of expression and association were limited. Heavy restrictions on registration to work for women’s organizations and political parties were in place.[78] The overwhelming participation of women during the Tunisian revolution in 2011 made way for transformative changes in Tunisian politics in regards to gender. Tunisia has since been a symbol of advancement of women’s rights in the Arab world, being one of the first countries to establish women’s voting rights, right to abortion, right to divorce and outlawing polygamy.[79] At the outset of the revolution, women were as active as men in demanding equal access to jobs, education and basic rights and freedoms.[80] Women were heavily involved in the drafting of the new constitution after the revolution,[81] which guarantees equality based on gender in at least one area.[82] Article 21 of the constitution states that "All male and female citizens have the same rights and duties. They are equal before the law without discrimination."[83] Candidate quotas were introduced in Article 16, which guaranteed equal representation of women in politics.[84] Considering the importance given to women’s rights, many considered the repeal of the “marry-your-rapist” law a matter of time. When Article 277 was repealed, Bochra Belhaj, a parliament member, passed out celebratory jasmine blossoms.[85]

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.[86][87]

Family law
Family
Marriage and other unions and status
Validity of marriages
Dissolution of marriages
Children's issues
Private international law
Family and criminal code
(or criminal law)

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 –[88] 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.[22]
Angola –[31]
Argentina <1997[14] 2012[89]
See also: Avenimiento
Article 132 of Argentine Penal Code stated that if a rape victim over the age of 16 agreed to marry her rapist, he could be freed from prison.[89]
Bahrain 1976[22] Unknown[4] Article 353 exempts rapists (defined in Article 344[22]) from punishment if they marry their victim. Parliament voted to abolish it on 31 May 2016,[8] but the government is still opposed.[4]
Bolivia <1997[14] –[90] Article 317 states that there will be no punishment if defendants marry their victim before the sentence is passed.[22] CEDAW called on Bolivia to repeal it.[90]
Brazil <1997[14] 2005[91][92] 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.[22]
Cameroon –[31] 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.[93]
Chile <1997[14] 1999[94] A new Sexual Crimes Code, which no longer contained a rape-marriage law, was enacted in July 1999.[94]
Colombia <1997[14] 1997[33]
Costa Rica <1997[14] 2007[95][8] 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.[22]
Dominican Republic <1997[14] ?
Ecuador <1997[14] 2014[96] In August 2014, a new criminal code came into force in Ecuador, and it no longer contains such provisions.[96]
Egypt 1904[22] 1999[8] Article 291 of Egypt's penal code allowed rapists or kidnappers to escape prosecution by marrying their victim.[8]
El Salvador 1996/2017 The standard marry-your-rapist law was repealed in 1996; and Article 14, introduced in 1994, which provided a loophole in which a rapist would not be prosecuted if the victim is underaged, impregnated, and agrees to marry their rapist, was repealed in 2017.[97]
Ethiopia 2005[98] In the Ethiopian Penal Code, Articles 558 and 599 had allowed a perpetrator to be free from their crimes in the case of marriage to the victim following the incidence. In July 2004, the Ethiopian Parliament adopted a new Penal Code that is more strict and does not contain the stipulation that the perpetrator escapes punishment if he marries the victim. Before the Penal Code became law, it had to be translated into English, signed by Ethiopia's President, and published into their official gazette.[99]
France 1810 1994[8] Until 1994, France kept in the French Penal Code the article that exonerated a rapist in the event of a marriage to their victim. When entered without any form of valid consent, marriage is either null or nullified domestically. The French Penal Code states that crimes committed with the intention of forcing a person to marry, or against a person that refuses to marry, will have stricter penalities.[100]
Greece –[31] Marriage is a permissible settlement for "seduction" of a child. If the marriage is later annulled, the prosecution is reopened.[31]
Guatemala <1997[14] 2006[101] Article 200[22] stated that rapist could be exonerated if he promised to marry his victim, provided she had reached the age of 12.[101]
Honduras <1997[14] ?
Iraq 1969[22] –[31] Article 427 of Iraq's penal code states that if the perpetrator lawfully marries the victim, any legal action becomes void.[31][22]
Italy 1981[8][33] In 1981, Italy repealed the law that allowed rapists to marry their victims.[102] In 1966 Franca Viola was one of the first women to refuse a "reparational marriage" publicly. Franca Viola, only 17 years old when she was raped in 1965, was raped with the intention of marriage. The aftermath of her trial ruled that rapists were no longer able to avoid punishment through the marriage of their victims.[103]
Jordan 1960[88][22] Expected[13] On 1 August 2017, Parliament voted to abolish Article 308 of Jordan's penal code. The Senate and the King are expected to approve.[13]
Kuwait 1960[22] –[31] 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.[31][22]
Lebanon 1948[22] 2017[104] In 2017, Lebanon abolished Article 522 and declared reexamination of Articles 505 and 518. Article 522 allowed for halting the prosecution or suspending the conviction of a person who had committed rape, kidnapping, or statutory rape if he married the victim. The repeal was seen as a "partial victory" as Article 505, which involves sex with a minor who is 15 years of age, and Article 518, which concerns the seduction of a minor with the promise of marriage, continue to provide exoneration if a marriage takes place.[105]
Libya 1953[22] –[31][88] 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.[22]
Mexico 1931[106] 1991[33] The national marry-your-rapist law was repealed in 1991.[33] 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).[107]
Morocco 2014[108][4] Article 475 of Morocco's penal code exempted rapists from punishment if they married their victim.[31]
Nicaragua <1997[14] 2008[109] Article 196 stated that if the victim marries the offender or grants her pardon, the procedure is suspended and the sentence imposed is cancelled.[22]
Palestine 1959[22] –[88] 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.[22]
After being annexed by Jordan in 1950, the West Bank has applied the 1960 Jordanian penal law Article 308.[22]
Panama <1997[14] 2008[110] Article 225[22] stated that a rapist could marry his victim (aged 14 or older) in order to avoid potential charges.[110]
Paraguay <1997[14] ?
Peru 1924[14] 1999[33] The 1924 law, Article 78,[22] was modified in 1991 to absolve co-defendants in a gang rape case if one of them married the victim.[14]
Philippines –[4] 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."[111] See Rape in the Philippines.
Romania 2000[8]
Russia –[31] 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.[31]
Serbia –[31] “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.[31]
Syria 1949[22] –[31][88] Syria's penal code Article 508, in combination with Article 489, is a perfect copy of the Lebanese Articles 503 and 522.[22]
Tajikistan –[31]
Thailand –[31] 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.[31]
Tonga 1926[112] –[112] 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.[112]
Turkey 2005[113] 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.[113]
Tunisia 1913[22] Expected 2018[114] Article 227 states the offender's prosecution or sentence is suspended if he marries his victim.[22] The proposal to repeal the law, approved by Parliament on 26 July 2017, is expected to come into force in 2018.[114]
Uruguay <1997[14] 2005[115] Article 116.[22]
Venezuela <1997[14] ? Article 395,[22] 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."[116]

References

  1. ^ Mellen, Ruby (March–April 2017). "The Rapist's Loophole: Marriage". Foreign Policy (223): 20. {{cite journal}}: |access-date= requires |url= (help)
  2. ^ Nora Fakim (17 March 2012). "Morocco protest against rape-marriage law". BBC News. Retrieved 4 August 2017.
  3. ^ "Moroccans call for end to rape-marriage laws". Aljazeera English. 17 March 2012. Retrieved 4 August 2017.
  4. ^ a b c d e f g 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.
  5. ^ "Jordan repeals 'marry the rapist' law". Deutsche Welle. 1 August 2017. Retrieved 6 August 2017.
  6. ^ Alice Su (1 August 2017). "Activists in Jordan Celebrate the Repeal of a 'Marry the Rapist' Law". Time. Retrieved 6 August 2017.
  7. ^ Encyclopedia of Women and Islamic Cultures: Family, Law and Politics. Retrieved 17 August 2013.
  8. ^ a b c d e f g h i j k "Lebanon: Reform Rape Laws". Human Rights Watch. 19 December 2016. Retrieved 4 August 2017.
  9. ^ Dehnert, Elspeth (22 August 2017). "As Lebanon, Jordan, Tunisia End 'Marry-Your-Rapist' Laws, Where Next?". News Deeply. Retrieved 16 November 2017.
  10. ^ Dehnert, Elspeth (22 August 2017). "As Lebanon, Jordan, Tunisia End 'Marry-Your-Rapist' Laws, Where Next?". News Deeply. Retrieved 16 November 2017.
  11. ^ Template:Cite article
  12. ^ Template:Cite article
  13. ^ a b c Somini Sengupta (1 August 2017). "Jordan Moves to Repeal Marry-Your-Rapist Law". The New York Times. Retrieved 4 August 2017.
  14. ^ a b c d e f g h i j k l m n o p q r s Calvin Sims (12 March 1997). "Justice in Peru: Victim Gets Rapist for a Husband". The New York Times. Retrieved 4 August 2017.
  15. ^ Shrage, Laurie J.; Stewart, Robert Scott (2015). Philosophizing About Sex. Toronto: Broadview Press. p. 59. ISBN 9781770485365. Retrieved 4 August 2017.
  16. ^ "Countries Around The World Move To Repeal 'Marry Your Rapist' Laws". NPR.org. Retrieved 13 April 2018.
  17. ^ Newsom, Carol Ann; Ringe, Sharon H. (1998). Women's Bible Commentary. Westminster John Knox Press. p. 62–63. ISBN 9780664257811. Retrieved 4 August 2017.
  18. ^ Bardsley, Sandy (2007). Women's Roles in the Middle Ages. London: Greenwood Publishing Group. p. 138. ISBN 9780313336355. Retrieved 5 August 2017.
  19. ^ Stiebert, Johannah. “Sex, Rape and Social History – The Case of the Bible.” Shiloh Project, 27 June 2017, shiloh-project.group.shef.ac.uk/?p=1530.
  20. ^ 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.
  21. ^ Osman, Hibaaq (2 August 2017). "Laws that allow rapists to marry their victims come from colonialism, not Islam". Independent. Retrieved 16 November 2017.
  22. ^ a b c d e f g h i j k l m n o p q r s t u v w x y z aa ab ac "The Middle East's "Rape-Marriage" Laws". Selfscholar. 18 July 2012. Retrieved 6 August 2017.
  23. ^ Template:Cite article
  24. ^ Template:Cite article
  25. ^ Template:Cite article
  26. ^ https://www.hrw.org/news/2016/12/19/lebanon-reform-rape-laws
  27. ^ https://www.reuters.com/article/us-lebanon-rape-law-idUSKCN1AW27X
  28. ^ http://www.bbc.com/news/world-middle-east-40947448
  29. ^ Dehnert, Elspeth (22 August 2017). "As Lebanon, Jordan, Tunisia End 'Marry-Your-Rapist' Laws, Where Next?". News Deeply. Retrieved 16 November 2017.
  30. ^ "IRIN Africa - ETHIOPIA: Surviving forced marriage - Ethiopia - Children - Gender Issues". IRINnews. Retrieved 22 August 2015.
  31. ^ a b c d e f g h i j k l m n o p q r s 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. {{cite web}}: Explicit use of et al. in: |author= (help)
  32. ^ Butcher, Ryan (15 January 2018). ""Rapists in Somaliland Will No Longer Be Allowed to Marry Victims under New Law"". The Independent.
  33. ^ a b c d e f g 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.
  34. ^ Butcher, Ryan (15 January 2018). ""Rapists in Somaliland Will No Longer Be Allowed to Marry Victims under New Law"". The Independent.
  35. ^ Butcher, Ryan (15 January 2018). ""Rapists in Somaliland Will No Longer Be Allowed to Marry Victims under New Law"". The Independent.
  36. ^ Shaban, Abdur Rahman Alfa (10 January 2018). ""Rapists in Somaliland Can No Longer Marry Victims, Could Face 30 Years in Jail"". Africa News.
  37. ^ 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.
  38. ^ Sengupta, Somini (22 July 2017). "One by One, Marry-Your-Rapist Laws Are Falling in the Middle East". The New York Times. Retrieved 17 November 2017.
  39. ^ Graham-Harrison, Emma (4 February 2014). "New Afghanistan law to silence victims of violence against women". The Guardian. ISSN 0261-3077. Retrieved 17 March 2017.
  40. ^ BCHR “Family Law in Bahrain” Bahrain Center of Human Rights February 10, 2014. Accessed March 14, 2017
  41. ^ Hamada, Suad “RIGHTS-BAHRAIN: Weak Laws Let Rapists Off the Hook” Inter Press Agency March 16, 2010. Accessed March 14, 2017
  42. ^ AP (4 April 1999). "Egypt to abolish archaic rape law". The Independent. Retrieved 17 March 2017.
  43. ^ Dupret, Baudouin (2011). Adjudication in Action: An Ethnomethodology of Law, Morality and Justice. p. 66.
  44. ^ Sadek, George “Egypt: Sexual Violence Against Women” The Law Library of Congress, Global Legal Research Center, October 2016, Accessed March 14, 2017
  45. ^ a b c d Warrick, Catherine (1 June 2005). "The Vanishing Victim: Criminal Law and Gender in Jordan". Law & Society Review. 39 (2). doi:10.1111/j.0023-9216.2005.00084.x#citedby-section. ISSN 1540-5893.
  46. ^ "1998 Human Rights Report - El Salvador". 20 December 2014. Retrieved 13 April 2018.
  47. ^ "REFÓRMASE EL CÓDIGO DE FAMILIA. | Asamblea Legislativa de El Salvador". www.asamblea.gob.sv. Retrieved 13 April 2018.
  48. ^ https://www.reuters.com/article/us-el-salvador-marriage/el-salvador-scraps-controversial-law-allowing-pregnant-minors-to-wed-idUSKCN1AY01I
  49. ^ Arab, The New. "Jordan might end law allowing rapists to marry victims". alaraby. Retrieved 17 March 2017.
  50. ^ "Activists applaud Royal committee's recommendations on women rights". {{cite web}}: Cite has empty unknown parameter: |dead-url= (help)
  51. ^ "In historic vote, House abolishes controversial Article 308". The Jordan Times. 1 August 2017. Retrieved 1 August 2017.
  52. ^ "Laws that allow rapists to marry their victims come from colonialism, not Islam". The Independent. 2 August 2017. Retrieved 13 April 2018.
  53. ^ HUGHES, GEOFFREY (1 May 2015). "Infrastructures of legitimacy: The political lives of marriage contracts in Jordan". American Ethnologist. 42 (2): 279–294. doi:10.1111/amet.12130. ISSN 1548-1425.
  54. ^ Bethan McKernan Beirut (17 August 2017). ""Lebanon Has Repealed Its 'Marry Your Rapist' Law"". The Independent.
  55. ^ Bethan McKernan Beirut (17 August 2017). ""Lebanon Has Repealed Its 'Marry Your Rapist' Law"". The Independent.
  56. ^ Massena, Florence "Lebanese activists succeed in first step to repealing controversial 'rape law'" Al-Monitor, December 12, 2016. Accessed January 20, 2017.
  57. ^ http://www.bbc.com/news/world-middle-east-40947448
  58. ^ Bethan McKernan Beirut (17 August 2017). ""Lebanon Has Repealed Its 'Marry Your Rapist' Law"". The Independent.
  59. ^ ""Lebanon Rape Law: Parliament Abolishes Marriage Loophole"". BBC News. 16 August 2017.
  60. ^ Yenni Kwok (4 August 2016). "Malaysian Man Accused of Rape Avoids Jail After Marrying His Teenage Victim". Time. Retrieved 4 August 2017.
  61. ^ Lian Cheng & Anasathia Jenis (5 August 2016). "High Court reinstates statutory rape case *updated". The Borneo Post. Retrieved 4 August 2017.
  62. ^ Heather Barr (10 May 2017). ""Marrying Your Rapist in Malaysia"". Human Rights Watch.
  63. ^ Fakim, Nora “Morocco amends controversial rape marriage law” BBC January 23, 2014. Accessed March 14, 2017
  64. ^ Al Jazeera "Morocco repeals 'rape marriage law" Al Jazeera, January 23, 2014. Accessed February 18, 2017.
  65. ^ a b Bakhadda, Fadoua (7 February 2014). "How NGOs helped change Moroccan law on rapists marrying their victims". The Guardian. Retrieved 17 March 2017.
  66. ^ http://www.bbc.com/news/world-africa-25855025
  67. ^ Mujica, Jaris (November 2011). "Violaciones sexuales en el Perú 2000-2009: un informe sobre el estado de la situación". UNFPA.
  68. ^ a b Boesten, Jelke (2007). Marrying Your Rapist: Domesticating War Crimes in Ayacucho, Peru. Routledge.
  69. ^ Boesten, Jelke (August 2012). "The State and Violence Against Women in Peru: Intersecting Inequalities and Patriarchal Rule". Oxford University Press.
  70. ^ Reuters, Alan. "Peru's Congress Repeals Law Protecting Rapists". The New York Times. {{cite news}}: |archive-date= requires |archive-url= (help); |last= has generic name (help); Cite has empty unknown parameter: |dead-url= (help)
  71. ^ a b "Syria". U.S. Department of State. Retrieved 13 April 2018.
  72. ^ McCormick-Cavanagh, Conor. "New Tunisian Law Takes Long Stride Toward Gender Equality". Al-monitor.
  73. ^ McCormick-Cavanagh, Conor (28 July 2017). "New Tunisian law takes long stride toward gender equality". Al-Monitor. Retrieved 16 November 2017.
  74. ^ Agerholm, Harriet. “13-Year-Old Girl Forced to Marry Her 'Rapist' Step-Brother.” The Independent, Independent Digital News and Media, 19 Dec. 2016, www.independent.co.uk/news/world/africa/rape-tunisia-13-year-old-girl-pregnant-article-227-child-marriage-womens-right-consent-a7483941.html.
  75. ^ Blaise, Lilia (1 August 2017). "Tunisia Takes a Big Step to Protect Women From Abuse". The New York Times. Retrieved 16 November 2017.
  76. ^ McCormick-Cavanagh, Conor (28 July 2017). "New Tunisian law takes long stride toward gender equality". Al-Monitor. Retrieved 16 November 2017.
  77. ^ Labidi, Mehrezia (23 March 2012). "Tunisia's women are at the heart of its revolution". The Guardian. Retrieved 16 November 2017.
  78. ^ "Tunisia". Social Institutions and Gender Index. Retrieved 16 November 2017.
  79. ^ Kilkenny, Katie (9 February 2017). "A Look at the Women Behind Tunisia's Democratic Revolution". Pacific Standard. Retrieved 16 November 2017.
  80. ^ Labidi, Mehrezia (23 March 2012). "Tunisia's women are at the heart of its revolution". The Guardian. Retrieved 16 November 2017.
  81. ^ Charrad, Mounira; Zarrugh, Amina. "The Arab Spring and Women's Rights in Tunisia". E-International Relations. Retrieved 16 November 2017.
  82. ^ "Does the constitution take at least one approach to gender equality?". World Policy Centre. Retrieved 16 November 2017.
  83. ^ "Tunisia". Social Institutions and Gender Index. Retrieved 16 November 2017.
  84. ^ "Tunisia". Social Institutions and Gender Index. Retrieved 16 November 2017.
  85. ^ McCormick-Cavanagh, Conor (27 July 2017). "New Tunisian law takes long stride toward gender equality". Al-Monitor. Retrieved 16 November 2017.
  86. ^ 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
  87. ^ La Red 21 "Derogan artículo del Código Penal que extinguía delito de violación por matrimonio con la víctima" La Red 21 January 2, 2006.
  88. ^ a b c d e 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.
  89. ^ a b "Es ley el proyecto que elimina del código penal el "perdón" a los violadores". Infobae. 21 March 2012. Retrieved 16 August 2017.
  90. ^ a b 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.
  91. ^ http://www.iwraw-ap.org/resources/pdf/BRAZIL_SHADOWREPORT_CEDAW_June,18%5B1%5D.pdf Archived 1 February 2014 at the Wayback Machine
  92. ^ "Decriminalization of adultery and defenses". Endvawnow.org. Retrieved 17 August 2013.
  93. ^ 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.
  94. ^ a b 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.
  95. ^ "D. Violence against women (p. 4)" (PDF). United Nations Women Watch. September 2009. Retrieved 4 August 2017.
  96. ^ a b Código Orgánico Integral Penal.
  97. ^ https://www.reuters.com/article/us-el-salvador-marriage/el-salvador-scraps-controversial-law-allowing-pregnant-minors-to-wed-idUSKCN1AY01I
  98. ^ 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.
  99. ^ “Ethiopia: Abduction and Rape--Law Reform and the Case of Woineshet Zebene Negash.”Equality Now, 2 Aug. 2016, www.equalitynow.org/action-alerts/ethiopia-abduction-and-rape-law-reform-and-case-woineshet-zebene-negash.
  100. ^ Lobeiras, Alicia. “The Right to Say I Don't: Forced Marriage as Persecution in the United Kingdom, Spain, and France.” Columbia Journal of Transnational Law, vol. 52, 1 Jan. 2014, pp. 896–931. LexisNexis Academic: Law Reviews.
  101. ^ a b Guatemala Human Rights Commission/USA, "For Women's Right to Live: FAQs."
  102. ^ Van Cleave, Rachel A. “Rape and the Querela in Italy: False Protection of Victim Agency.”Michigan Journal of Gender & Law, vol. 13, 2007, pp. 273–310.
  103. ^ “Franca Viola.” Wikipedia, Wikimedia Foundation, 6 Apr. 2018, en.wikipedia.org/wiki/Franca_Viola.
  104. ^ "Lebanon rape law: Parliament abolishes marriage loophole". BBC News. 16 August 2017. Retrieved 30 September 2017.
  105. ^ http://www.bbc.com/news/world-middle-east-40947448
  106. ^ Neumann, Caryn E. (2010). Sexual Crime: A Reference Handbook. Santa Barbara: ABC-CLIO. p. 93–94. ISBN 9781598841787. Retrieved 11 August 2017.
  107. ^ http://www.semmexico.com/nota.php?idnota=2090
  108. ^ Nora Fakim (23 January 2014). "Morocco amends controversial rape marriage law". BBC News. Retrieved 4 August 2017.
  109. ^ "Nicaragua: Código Penal (Ley Nº 641)". Wipo.int. Retrieved 16 July 2016.
  110. ^ a b "2009 Human Rights Report: Panama". U.S. Department of State. Retrieved 10 August 2017.
  111. ^ http://www.chanrobles.com/republicactno8353.htm
  112. ^ a b c Indira Stewart (26 August 2016). "'Archaic' Tongan law allows forced marriage to rapists". RNZ International. Radio New Zealand. Retrieved 4 August 2017.
  113. ^ a b 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.
  114. ^ a b "Tunisia passes law to 'end all violence' against women". Middle East Eye. 26 July 2017. Retrieved 4 August 2017.
  115. ^ "The Secretary Generals database on violence against women". Sgdatabase.unwomen.org. Archived from the original on 25 July 2013. Retrieved 17 August 2013. {{cite web}}: Unknown parameter |deadurl= ignored (|url-status= suggested) (help)
  116. ^ 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.
Retrieved from "https://en.wikipedia.org/w/index.php?title=Marry-your-rapist_law&oldid=838509498"