The recent ruling by the court in Beni Mellal, which sentenced four individuals to five years in prison for the gang rape of a young woman with mental disabilities, has reignited the debate surrounding the adequacy of penalties imposed in similar cases. This ruling comes at a time when Moroccan criminal law stipulates penalties ranging from 10 to 20 years of imprisonment, potentially extending to 30 years under aggravated circumstances. Despite ongoing efforts to support victims of sexual assault, including minors and those with disabilities, many judicial rulings in these cases often fall short of the penalties outlined in the Moroccan Penal Code.
Earlier this week, the Beni Mellal court convicted four men to five years of effective imprisonment in connection to the gang rape of a 24-year-old woman who suffers from mental disabilities, an incident that resulted in the victim becoming pregnant. Available data indicates that the victim had previously been sexually assaulted in 2018 by one of the same defendants, leading to the birth of her first child; however, she accused a different individual at that time out of fear of retaliation.
According to Moroccan criminal law, penalties are to be intensified if the victim, whether a minor or an adult, is in a situation of physical or mental disability, or if the assault results in loss of virginity or pregnancy. In such instances, sentences can range from 10 to 20 years, and even up to 30 years under certain aggravated conditions. Despite this, numerous previous cases have shown a significant disparity in the sentences handed down.
Recently, the First Instance Chamber of the Appeals Court in Marrakech convicted three individuals to prison terms ranging from six to ten years for their involvement in the gang rape of a mentally disabled minor in the town of Attaouia, which also resulted in pregnancy for the victim. However, this ruling was later amended by the Appeals Court, increasing sentences to between eight and twelve years, based on information obtained by Yabiladi from the local branch of the Moroccan Association for Human Rights, which acted as a civil party in the case.
The case of the gang rape of an eleven-year-old girl in the town of Tiflet in 2023, which was met with lenient initial sentences for the three defendants, became a matter of public opinion after they were sentenced to only two years in prison. However, the Rabat Appeals Court subsequently imposed harsher penalties, determining sentences ranging from 10 to 20 years in prison. The victim, who at the time was just 11 years old, became pregnant as a result of the assault and received support from the Insaf Association and lawyer Mohammed Sabbar.
Disparities in Sentencing and the Need for Change
In commenting on the discrepancies in sentences and their correlation with the level of media coverage, Najat Anwar, president of the "Don't Touch My Child" organization, stated that the protection of children and vulnerable individuals "should not be linked to the extent of media coverage or the level of public mobilization around any particular case." She emphasized to Yabiladi that justice must enforce the law with the same rigor in all cases, particularly when it involves the rape of minors or individuals with mental disabilities, given the severity of the acts and their psychological and social implications.
Omar Arbib, head of the Marrakech-Menara branch of the Moroccan Association for Human Rights, argued that the issue begins with the legal text itself. He explained that the criminal law differentiates between rape committed with violence and other forms, which contradicts international standards that consider all sexual exploitation a form of violence. Arbib believes this distinction opens the door to lighter sentences, as if the victim had consented to the act in question.
Furthermore, Arbib noted that the Appeals Court in the Attaouia case issued rulings more consistent with the legal minimum stipulated, but criticized the non-utilization of DNA testing to establish the parentage of the child born as a result of the rape, despite confirming a biological connection to one of the defendants, which would secure the child's legal and social rights.
He also referenced a case involving the rape of a 14-year-old minor in Marrakech by a Kuwaiti national, indicating that the accused exploited temporary release to leave Morocco and evade punishment. The case dragged on for five years, ultimately resulting in a default judgment of five years in prison after nearly thirty sessions, none of which the accused attended, even as the association continued to follow up as a civil party despite the family withdrawing their complaint.
Advocacy for Enhanced Protection and Justice
The human rights advocate stressed the necessity of implementing automatic procedures to protect minors, even if families withdraw complaints, explicitly incorporating sexual crimes against children into the criminal code, and categorizing them as serious offenses deserving of stringent penalties beginning at 25 years of imprisonment. He also underscored the importance of providing psychological and social support to victims, warning of the deep psychological effects that may lead some victims to withdraw or engage in retaliatory behavior against themselves or society.
In this context, Najat Anwar reiterated that sexual offenses against minors or vulnerable persons require "exemplary firmness," especially when aggravating circumstances are present, affirming that the public prosecution service plays a crucial role in protecting victims and defending the public interest, ensuring that sentences align with the severity of the offenses and bolstering victims' confidence in the justice system.
According to human rights activists, Morocco has several units dedicated to supporting women and child victims of violence within courts, hospitals, and police stations; however, a significant portion of the population remains unaware of their existence or how to access their services. In this regard, Omar Arbib called for these units' intervention to be automatic in cases of sexual assaults and rapes, without waiting for families to file complaints or for associations to intervene.
Najat Anwar warned that many victims, especially in rural and isolated areas, live under pressure from fear and silence due to concerns about retaliation, social rejection, or the absence of effective protection. She stated that enhancing psychological, legal, and social support from the initial reporting moment is crucial. Additionally, she emphasized the importance of bringing protection mechanisms closer to rural areas and ensuring the effective implementation of Law 103.13 concerning the fight against violence against women, alongside strengthening awareness campaigns so that victims realize they are not alone in facing their aggressors.
As reported by ar.yabiladi.com.
