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Marry-your-rapist law

A marry-your-rapist law, marry-the-rapist law, or rape-marriage law is a rule of rape law in a jurisdiction under which a man who commits rape, sexual assault, statutory rape, abduction or other similar act is exonerated if he marries his female victim, or in some jurisdictions at least offers to marry her. The "marry-your-rapist" law is a legal way for the accused to avoid prosecution or punishment.[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 Since the late 20th century, the remaining laws of this type have been increasingly challenged and repealed in a number of countries.[4][8] Laws that allow courts to authorise an underage marriage on account of the pregnancy of a female minor when she is below the age of consent, commonly with parental consent, can in practice be a way for a statutory rapist to avoid prosecution for the statutory rape of a child.

The law has been justified as recognition of the cultural value placed upon female virginity at marriage, in which "despoiled girls and women are a source of shame for their families, innocent of wrongdoing though they may be."[9][10] In some cases,[vague] the perpetrator rapes the girl or woman who he wants to marry after she rejected him.

Background

The overwhelming majority of countries in the world do not have these laws, and, as of 2021, only 20 were believed to still have them.[11]

Many activists and organisations believe that these laws violate the dignity of women and degrade them by allowing them to be traded as possessions between families, imply that rape is not a serious crime, and blame the victim and not the perpetrator.[12] The UN Human Rights Chief, Zeid Ra’ad Al Hussein, said in 2017 that "[punishing] a rape victim by making her marry the perpetrator of a horrible crime against her – there is no place in today’s world for such hideous laws".[13]

Furthermore, 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 victims.[14][15] 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.[16] 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.[17]

Mental health problems including PTSD, anxiety disorders, rape trauma syndrome, and depressive disorders are common in rape victims.[18] A Taiwanese study showed that victims 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.[19]

Advocates for rape-marriage laws argue that they shield the victim and her family from the shame of rape. This is based on the idea that if a girl or woman is raped, it is her own fault and she thus brings her family into disrepute. As a result, many women do not report their sexual assault because they fear this shame, and the possibility of being murdered by a family member. If a woman simply marries her rapist, she preserves her family name and avoids a life of sexual shame.[10] This view exists despite much evidence existing that blaming the victim leads to shame, ridicule, and unnecessary psychological distress.[20]

History

Antiquity

Traditionally, the marriage of the perpetrator and the victim after the rape was often seen as an appropriate "resolution" of the situation. 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.[21]

Code of Hammurabi and Middle Assyrian Laws

The Code of Hammurabi was composed around 1750 BCE (middle chronology), supposedly by king Hammurabi of the First Babylonian Empire. In Hammurabi §156, a woman is engaged to a man, but the man's father has sex with her before they get married. This scenario does not make clear whether the woman consented to having sex with her fiancé's father, and the woman gets to choose which man she marries, so whether or not this is a rape law is contested:[22]: 150 

156. If a seignior chose a bride for his son and his son did not have intercourse with her, but he himself has lain in her bosom, he shall pay to her one-half mina of silver and he shall make good to her whatever she brought from her father's house in order that the man of her choice may marry her. (Pritchard, Ancient Near Eastern Texts Relating to the Old Testament (1969), p. 172.)[22]: 150 

The Middle Assyrian Laws (MAL) were developed between 1450 and 1250 BCE in the Middle Assyrian Empire.[22]: 272  The 55th law, MAL 55, stipulated that if a man "took by force and ravished" a young virgin woman who was not married or pledged or asked to be married and living in her father's house, the virgin's father would be allowed to 'ravish' the perpetrator's wife in retaliation and take her as an extra wife. If the perpetrator had no wife, the father could marry his daughter off to the perpetrator for "the (extra) third in silver ... as the value of a virgin", or to another man of the father's choosing for the same price.[22]: 152–153 

55. In the case of a seignior's daughter, a virgin who was living in her father's house, whose [father] had not been asked (for her in marriage), whose hymen had not been opened since she was not married, and no one had a claim against her father's house, if a seignior took the virgin by force and ravished her, either in the midst of the city or in the open country or at night in the street or in a granary or at a city festival, the father of the virgin shall take the wife of the virgin's ravisher and give her to be ravished; he shall not return her to her husband (but) take her; the father may give his daughter who was ravished to her ravisher in marriage. If he has no wife, the ravisher shall give the (extra) third in silver to her father as the value of a virgin (and) her ravisher shall marry her (and) not cast her off. If the father does not (so) wish, he shall receive the (extra) third for the virgin in silver (and) give his daughter to whom he wishes. (Pritchard, Ancient Near Eastern Texts Relating to the Old Testament (1969), p. 185.)[22]: 152 

Susanne Scholz (2021) noted the similarities between Hammurabi §156, MAL 55, and the Hebrew Bible's Deuteronomy 22:28–29 (composed in the 7th century BCE): in each case, the punishment is financial compensation (in MAL 55 and Deut 22 to the woman's father, in Hammurabi §156 to the woman herself), and the no-longer-virgin woman must to be married off to the perpetrator or another man (in Hammurabi §156, the woman can choose which man she wants to marry; in MAL 55, her father decides; in Deut 22, she must marry the perpetrator).[22]: 142 

Hebrew Bible

A marry-your-rapist provision is believed by some to be found in the Hebrew Bible, Deuteronomy 22:28–29, which according to the New American Standard Bible reads:

"If a man finds a girl who is a virgin, who is not engaged, and seizes (תָּפַשׂ tāphaś) her and lies (שָׁכַב šākab) with her and they are discovered, then the man who lay (שָׁכַב šākab) with her shall give to the girl's father fifty shekels of silver, and she shall become his wife because he has violated (עָנָה anah/inah) her; he cannot divorce her all his days." (Deuteronomy 22:28–29, New American Standard Bible)[23]

Bible translations interpret the passage differently, with many modern editions translating the term שָׁכַב šākab as "to rape", where older translations usually preferred "to lie (with)". Similarly, most modern translations render תָּפַשׂ tāphaś as "to seize", whereas older translations generally preferred "to lay hold on".[24] Finally, עָנָה anah/inah is almost universally translated as "to humble" in older English translations, but almost always as "to violate" in modern translations. The Good News Translation even rendered the passage as "he forced her to have intercourse with him", and God's Word Translation made it "he raped her".[25] Irrespective of whether or not the woman had given consent to the sexual act, or will give consent to marriage, the man is required to marry her by paying her parents a dowry to settle the matter.[26]

Some Christians believe that the command in Deuteronomy 22:28 does not refer to rape, but to a man enticing a woman to engage in consensual intercourse, as in the passage in Exodus 22:16–17,[27][28] which also explicitly states the father's right to confirm or refuse the marriage.[29] The Hebrew sometimes rendered as "rapes" here is the verb שָׁכַב šākab, which literally means "to lie (down)" or "to sleep", is sometimes used as a euphemism for "to lie/sleep (with someone)", and when the context adds force, it can mean "to rape", for example in Genesis 35:22 or 2 Samuel 13:14.[22]: 92–93 [30] Adjacent scriptures that speak of forced sexual relations with engaged (versus unengaged) virgins prescribe the death penalty for rapists (Deuteronomy 22:23-27).[31] As apologist Kyle Butte argues, "It is clearly evident from the immediate context of Deuteronomy 22 that rape is not being discussed in verses 28-29," arguing that "verses 25-27 give a clear instance in which rape is being discussed. ... The text says that the man who committed the crime 'shall die' (v. 25)".[32] But not all Christian scholars agree that Deuteronomy 22:28-29 is mere consensual fornication. Eugene H. Merrill (1994) pointed out: "At first glance, the next example, the rape of an unbetrothed girl, might appear to have been a lesser offense than those already described, but this was not the case at all. First, he seized (Heb. tāpaś, "lay hold of") her and then lay down (šākab) with her, a clear case of violent, coercive behavior."[33]

Although commentators such as John Gill (1746–63)[29] and Charles Ellicott (1897)[28] who think Deuteronomy 22:28–29 describes consensual sex often compare it to Exodus 22:16–17 (which almost all scholars agree is a consensual situation), the latter does not specify that the man "violated" her, whereas Deuteronomy 22:29 does.[22]: 141  The Hebrew word used here for "violated" is עָנָה anah (or inah[34]), which (depending on the context) can mean "to rape, to force [sexually], to defile, to violate, to ravish, to mistreat, to afflict, to humble/humiliate, to oppress, to subject/submit/subdue, to weaken".[22][35] Especially when a Hebrew verb is in the pi'el (intensifying) form, this adds force,[22]: 120  and in Deuteronomy 22:29 עִנָּ֔הּ ‘in-nāh is in the pi'el.[22]: 141  In several other cases in the Hebrew Bible where this word is used to describe a man and a woman interacting, it is usually describing a man forcing a woman to have sex against her will (i.e., rape).[22]: 78 [note 1]

Twelfth century Rabbi Moses Maimonides said the man's use of force would require that he marry his victim and never divorce her:[37]

Every maiden expects to be married, her seducer therefore is only ordered to marry her; for he is undoubtedly the fittest husband for her. He will better heal her wound and redeem her character than any other husband. If, however, he is rejected by her or her father, he must give the dowry (Exodus 22:15). If he uses violence he has to submit to the additional punishment, "he may not put her away all his days" (Deuteronomy 22:29).

Middle Ages and early modern period

In Christian medieval Europe, 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[citation needed], 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.[38]

According to Johannah Stiebert, women that were not engaged were not able to consent, so rape became a matter of male superiority.[39] According to the Shulchan Aruch (1565), a codification of Jewish law by Joseph Karo, the girl or her father, depending on age, are given the option of demanding the man marry her in addition to paying a fine of 50 silver[clarification needed] beyond any damages physical or mental.[40]

19th century

Article 357 of the French Penal Code of 1810 (not to be confused with the Napoleonic Code of 1804) contained a provision that if a man had 'abducted' a girl and married her, he could only be prosecuted if the girl's parents or legal guardians arranged to have the marriage annulled first. Although the law does not contain the word 'rape', it has been described as a marry-your-rapist law, and has been held responsible for spreading the phenomenon in the MENA region through French colonisation. Alternatively, similar legislation was spread in the region by the Ottoman Empire, based on Hanafi jurisprudence, which did explicitly mention 'rape' in abduction scenarios. Scholars continue to debate which laws derived from which.[41]

20th and 21st century

In several Middle Eastern and North African countries, marry-the-rapist laws that were adopted upon achieving independence in the mid-20th century, were carried over from various earlier periods. The origins of these laws are to be traced to a mixture of pre-existing local Arab traditions, Ottoman imperial laws and European (French and British) colonial laws.[42] 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.[43] 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 him.[43] In this way, some might argue that the victim of the assault had a harsher punishment than her attacker. Currently, India's Penal Code "makes it amply clear that marriage does not act as an absolving factor in case of rape".[43]

Marry-your-rapist laws were common[vague] 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]

In 1997, fifteen Latin American countries had laws that exonerated a rapist if he offered to marry the victim and she accepted. These were Argentina, Brazil, Chile, Colombia, Costa Rica, Ecuador, Guatemala, Honduras, Nicaragua, Panama, Peru (since 1924), Paraguay, the Dominican Republic, Uruguay and Venezuela.[15][44] Costa Rica exonerated a rapist if he expresses an intention to marry the victim, even if she did not accept.[44] 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 definitively repealed these laws. Colombia repealed its 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.

In 2017, a World Bank Group report claimed there were 12 countries left with marry-your-rapist laws: Angola, Bahrain, Equatorial Guinea, Eritrea, Iraq, Jordan (repealed in August 2017), Lebanon (repealed July 2017),[45] Libya, Palestine, the Philippines, Syria and Tunisia (repealed in July 2017).[46] A Reuters report, in July of the same year, also listed Algeria, Kuwait and Tajikistan.[45][47]

Illegal continued existence

The practice of forcing victims of rape to marry their rapists continues in some countries where the laws allowing this have been abolished, or never explicitly existed to begin with.[10] This is the case, for example, in Ethiopia, where marriage by abduction remains common, despite it being illegal under the new 2004 Criminal Code.[48] 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."[49] Similar to Afghanistan, Somaliland also did not previously have any laws; however, it still was not uncommon for a rape victim's family to pressure them into marrying the perpetrator.[50]

Campaigns for repeal

 
A map of marry-your-rapist laws by country since 1980.
  Country has marry-your-rapist law
  Part of country's territory has marry-your-rapist law
  Country is in process of repealing its marry-your-rapist law
  Country repealed its marry-your-rapist law after 1980
  Country not known to have had marry-your-rapist laws after 1980

Several human rights organizations such as Human Rights Watch,[8] and the United Nations Human Rights High Commission[51] have strongly criticised these laws. These organizations have been working to abolish these laws, and in several cases they have been successful. However, the opposition to the "marry-your-rapist" laws has been less significant than campaigns to criminalize marital rape altogether.[52]

Bahrain

Article 353 of the Bahrain penal code, dating from 1958, has undergone several amendments since its adoption. It provides that if a perpetrator of rape marries the rape victim before the final sentence is pronounced, the charges will be dropped[53] and criminal proceedings will be suspended.[54][55] The man is then able to divorce the rape victim.[56]

The law has been criticized by the international community in the early twenty-first 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, as at December 2016, the government was still examining the law,[8] and as at July 2017, it was only willing to repeal the marriage option in case of a gang rape.[4] Parliament discussed the bill repealing Article 353 again on 8 May 2018, but it was withdrawn and voting was postponed.[57][needs update]

Egypt

In 1999, Article 291 of the Egypt penal code was repealed by former president Hosni Mubarak by presidential decree.[58] The original article had been adopted in 1904 and inspired by a French provision.[59] The original article allowed any individual who committed sexual assault to avoid penalty if he entered into marriage with the female victim.[60] "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.[61] Rape law has, in statute and in practice, privileged the protection of social order over the provision of individual criminal justice."[9]

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."[62] 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.[63] This law was abolished in 2017.[64]

Iraq

Article 427 of Iraq's penal code, in its current form dating from 1969, states that if the perpetrator lawfully marries the victim, any legal action becomes void.[42][49] Following parliamentary votes in favour of the abolition of similar laws in Lebanon, Jordan and Tunisia in 2017, women's rights activists made efforts to put the issue on the political agenda during the campaign for the 2018 Iraqi parliamentary election.[65]

Italy

Article 544 of the Italian Criminal Code considered rape an offence against "public morality", not against an individual person. If the perpetrator married his victim, even if she was a minor, any sexual offence would lapse. Neither the law nor society made a distinction between such premarital rape on the one hand, and consensual elopement (in Sicily commonly called fuitina) on the other. Socially, the victim was put under heavy pressure to agree to marrying her rapist; the alternative was being shunned for the rest of her life as una donna svergognata: a "woman without honour" (literally: a shameless woman). The victim was held responsible for the humiliation of losing her virginity out of wedlock, bringing shame upon herself and her family. If she agreed to marry her attacker, it was thus considered a "reparational marriage" (matrimonio riparatore), that restored her family's honour.[66]

In 1966, Franca Viola was one of the first women to refuse a "reparational marriage" publicly. She was 17 years old when she was raped with the intention of marriage in 1965. The aftermath of her trial ruled that rapists were no longer able to avoid punishment through the marriage of their victims.[66] In 1981, Italy repealed Article 544.[67]

Jordan

Article 308 of the Jordanian penal code allowed for the perpetrator of sexual assault to avoid persecution and punishment if he married the victim.[68] Only if the marriage lasts under three years does he need to serve his time. Between 2010 and 2013, a total of 159 attackers walked free along the lines of their punishment.[69] Jordan amended article 308 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.[70] The article was abolished in a "historic vote" by the House of Representatives of the Parliament on 1 August 2017.[71] It was then approved by the Senate and ratified by the King.[72] The article had roots in colonialism rather than in Islam. It was remnant of Ottoman codes which had derived it from the French penal code (France only removed a similar provision in 1994).[69]

Lebanon

Article 522 of the Lebanon Penal Code became a part 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.[73] However, no criminal prosecution would take place if the perpetrator and their victim got married, and stayed married for a minimum of three years.[73] In 2017, Article 522 of the Lebanon Penal Code, which had been labelled a "rape law"[74] was repealed and Articles 505 and 518 are to be reexamined.[47] After Article 522 was repealed, it was argued by many that the law still lived on through Articles 505 and 518.[73] 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.[47]

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,[75] 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.[76] 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.[77] 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

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.[78][79] A number of protests and campaigns took place in Morocco prior to the abolition of the Article.[80] The Parliament abolished the law in 2014[78] as it was considered to be at odds with the 2011 constitution.[80]

Palestine

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.[42] After being annexed by Jordan in 1950, the West Bank has applied the 1960 Jordanian penal law Article 308.[42] It is unclear how often the law was applied in practice. Ikhlas Sufan, director of a Nablus victims of violence shelter, told Human Rights Watch that "between 2011 and 2017 prosecution for rape has been halted in 60 cases – in which the shelter was helping the women – after the alleged rapist agreed to marry the victim. In 15 of these cases the women later divorced these men."[81] After an activist campaign put pressure on the Palestinian Authority, president Mahmoud Abbas eventually signed Law no. 5 of 2018 on 14 March 2018, which repealed article 308 of the 1960 Penal Code enforced in the West Bank. However, because the Gaza Strip is de facto controlled by Hamas, the Egyptian-derived marry-your-rapist law still applies there.[81]

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.[82] The notion that marriage could possibly restore a raped woman's honor has been linked to the country's 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.[83]

According to cultural beliefs, instead of losing her virginity because of immoral behaviour, a woman – or her father – retains the ability to claim that the act had taken place due to coercion, thereby saving the victim's personal virtue. Marriage, in turn, would solve the problem of a lost virginity and possible illegitimate child, thus returning honor to the family.[83] 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.[84]

On 3 April 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".[85]

Somalia

Somali law draws its inspiration from civil law, Islamic law[citation needed] and xeer. As of 2018, most cases of rape and sexual assault in Somalia are still settled through xeer, which is the country's native traditional "caste-based dispute resolution system in which traditional male elders dispense justice according to customary laws." Following the customs of xeer, it is common for a "diya" (a fine of money, camels or goats) to be paid by the rapist's family to the rape survivor's family, but in extreme scenarios, the victim is forced to marry her rapist.[86]

Since January 1991, Somalia has been in a state of civil war, without a functioning central government that controls the entire country. The northwestern region of Somaliland unilaterally declared independence in May 1991, while the northeastern region of Puntland unilaterally declared its regional autonomy within Somalia in 1998; both gradually evolved their own legal systems, and made efforts to outlaw the practice of forcing a rape victim to marry her attacker in the late 2010s.

Puntland

The self-declared autonomous region of Puntland adopted a Sexual Offences Act in 2017, that criminalised all forms of sexual violence against women.[86]

Somaliland

The unrecognised state of Somaliland, which declared its independence in 1991 but is internationally still considered part of Somalia, did not have any law explicitly allowing rapists to marry their victims in order to go free. However, since the practice is in fact occurring, which a number of politicians have found undesirable, efforts have been undertaken to formally ban it. In January 2018, 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". The bill was approved by the lower house of Parliament.[50] The president of Somaliland, Musa Bihi Adbi, hoped that this law will help to eliminate violence against women throughout the country.[87]

Syria

Syria's laws concerning rape, are that a rapist 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”.[88][89] This law is particularly harmful because many victims are pressured into marrying their rapist due to societal stigma towards the victims. 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.[88]

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.[90] 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.[91] 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.[92] The new law encompasses all forms of violence or discrimination against women, such as psychological abuse or economic discrimination, and is thus a breakthrough for women's rights in Tunisia.[93] 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.[91]

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.[94] Freedoms of expression and association were limited. Heavy restrictions on registration to work for women's organizations and political parties were in place.[95] 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.[96] At the outset of the revolution, women were as active as men in demanding equal access to jobs, education and basic rights and freedoms.[94] Women were heavily involved in the drafting of the new constitution after the revolution,[97] which guarantees equality based on gender in at least one area.[98] 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."[95] Candidate quotas were introduced in Article 16, which guaranteed equal representation of women in politics.[95] 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.[99] The new law, called Law No. 58 of 2017 of 11 August 2017, went into effect on 1 February 2018.[100]

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.[101][102]

United States

Even though on a Federal Level this law does not exist, a certain phenomenon that resembles marry-your-rapist laws existed in some U.S. states, formerly in Missouri and Florida. This resulted from loopholes in laws that allow for marriage below the age of consent, thus circumventing statutory rape laws.

Missouri

The age of consent in Missouri is 17. According to a March 2018 article in the Journal Star (Peoria), more than 300 men aged 21 or older married with 15-year-old girls in the state of Missouri between 1999 and 2015. For the men who had premarital sex with the girls they later married, this would constitute statutory rape according to Missouri law, which defines statutory rape as "anyone 21 or older having sex with someone younger than 17 outside of marriage". However, sex is legal within marriage, even with a minor, and Missouri allowed marriage from the age of 15 until August 2018, when a law passed establishing a minimum age of 16 and forbidding marriages between someone under 18 and someone over 21.[103] This created a loophole by which statutory rape could be covered up if the marriage is concluded before the authorities found out sexual intercourse has taken place (especially if it resulted in a pregnancy). This allowed for the suspect to be exempt from prosecution (for example, imprisonment and having to register as a sex offender). Social pressure could be put on the alleged victim to agree to marry her statutory rapist to make him avoid punishment. Moreover, because of Missouri's age loophole, a number of out-of-state couples travelled to Missouri to marry.[104]

Florida

The age of consent in Florida is 18. However, until March 2018, the state of Florida allowed marriage without any minimum age for a girl if she was pregnant and a judge approved of the marriage. In this manner, the man who impregnated her could avoid being prosecuted for statutory rape. The current law requires anyone seeking marriage to be at least 18 years old, or 17 with the other partner not being more than two years older and the minor having received parental consent; pregnancy is no longer a factor.[105]

Laws by country

Marry-your-rapist laws by country or territory
Country Adopted Repealed Notes
Algeria [106] 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.[42]
Angola [49][107]
Argentina <1997[15] 2012[108] 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.[108]
Bahrain 1976[42] Unknown[4] Article 353 exempts rapists (defined in Article 344[42]) 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[15] [109] Article 317 states that there will be no punishment if defendants marry their victim before the sentence is passed.[42] CEDAW called on Bolivia to repeal it.[109]
Brazil <1984[110] 2005[111][112] 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.[42]
Bulgaria 2015[107] Until September 2015, under Bulgaria's penal code, a rapist could escape punishment, even in the case of statutory rape, if it was followed by marriage.[107]
Cameroon [49][107] 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.[113]
Chile <1997[15] 1999[114] A new Sexual Crimes Code, which no longer contained a rape-marriage law, was enacted in July 1999.[114]
Colombia <1997[15] 1997[44]
Costa Rica <1997[15] 2007[8][115] 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.[42]
Denmark 2013 Until 2013,[116] according to section 227 of the Danish Penal Code, the penalty for rape committed pursuant to section 216 and for other sexual offences (sections 217–226) could be "reduced or remitted if the persons, between whom the sexual intercourse has taken place, have since married each other or registered their partnership."[117]
Dominican Republic <1997[15] Un­known
Ecuador <1997[15] 2014[118] In August 2014, a new criminal code came into force in Ecuador, and it no longer contains such provisions.[118]
Egypt 1904[42] 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.[64]
Equatorial Guinea [107]
Eritrea [107]
Ethiopia 2005[119] 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.[120]
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 penalties.[121]
Greece 2018[122] In 2018, Greece repealed article 339 (3), which allowed marriage as a permissible settlement for "seduction" of a child.[122]
Guatemala <1997[15] 2006[123] Article 200[42] stated that a rapist could be exonerated if he promised to marry his victim, provided she had reached the age of 12.[123]
Honduras <1997[15] Un­known
Iraq 1969[42] [49] Article 427 of Iraq's penal code states that if the perpetrator lawfully marries the victim, any legal action becomes void.[42][49]
Italy 1981[8][44] In 1981, Italy repealed Article 544 of the Penal Code that allowed rapists to marry their victims to avoid punishment.[67]
Jordan 1960[42][106] 2017[14] On 1 August 2017, Parliament voted to abolish Article 308 of Jordan's penal code. The Senate and the King approved the amendment.[72]
Kuwait 1960[42] [49] 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 will not be punished as he would be under Article 180.[42][49]
Lebanon 1948[42] 2017[47] 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.[47]
Libya 1953[42] [49][106] 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.[42]
Mexico 1931[124] 1991 (national)[44] The national marry-your-rapist law was repealed in 1991.[44] 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).[125]
Morocco 2014[4][78] Article 475 of Morocco's penal code exempted rapists from punishment if they married their victim.[49]
Mozambique 1886 2014[126] Article 400 of the Portuguese penal code of 1886,[127] which still functioned in post-colonial Mozambique until its replacement on 11 July 2014,[128] stated that rapists who married their victim would not be punished.[127] The law had not been applied since independence in 1974.[126]
Nicaragua <1997[15] 2008[129] Article 196 stated that if the victim marries the offender or grants her pardon, the procedure is suspended and the sentence imposed is cancelled.[42]
Palestine 1959[42] 2018 (W.B.)
– (Gaza)
Article 308 of the 1960 Jordanian Penal Code, which applies in the West Bank, was repealed on 14 March 2018. However, Articles 290 and 291 of the old the law Egyptian Penal Code are still applied in the Hamas-controlled Gaza Strip.[81]
Panama <1997[15] 2008[130] Article 225[42] stated that a rapist could marry his victim (aged 14 or older) in order to avoid potential charges.[130]
Paraguay <1997[15] Un­known
Peru 1924[15] 1999[44] The 1924 law, Article 78,[42] was modified in 1991 to absolve co-defendants in a gang rape case if one of them married the victim.[15]
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."[131] See Rape in the Philippines.
Romania 2000[8]
Russia [49] Article 134 of Russian criminal code states, that if the perpetrator is aged 18 or older and has committed first-time statutory rape with a minor between the age of 14 and 16 for the first time, he is exempt from punishment if he marries the victim.[132]
Serbia [49] "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.[49]
Syria 1949[42] [49][106] Syria's penal code Article 508, in combination with Article 489, is a perfect copy of the Lebanese Articles 503 and 522.[42]
Tajikistan [49]
Thailand [49] 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.[49]
Tonga 1926[133] [133] 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.[133]
Tunisia 1913[42] 2017[134] Article 227 states the offender's prosecution or sentence is suspended if he marries his victim.[42] The proposal to repeal the law was approved by Parliament on 26 July 2017.[134]
Turkey 2005[135] 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.[135]
Uruguay <1997[15] 2006[136] Article 116.[42]
Venezuela <1997[15] partially struck down by judicial decisions by the Supreme Tribunal of Justice (Venezuela) in 1999 and 2015[137] Article 393 (formally 395),[42] 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."[138]

See also

Notes

  1. ^ Other examples of עָנָה anah/inah describing a man and a woman interacting:
    • "Later, if you no longer want her, you are to let her go free. Since you forced her to have intercourse (Hebrew: anah) with you, you cannot treat her as a slave and sell her." (Deuteronomy 21:14)[36]
    • "If you mistreat (Hebrew: anah) my daughters, or if you take wives besides my daughters, although no man is with us, see, God is witness between you and me." (Genesis 31:50 NAU)
    • But the men of Gibeah rose up against me and surrounded the house at night because of me. They intended to kill me; instead, they ravished (Hebrew: anah) my concubine so that she died. (Judges 20:5 NAS)
    • However, he would not listen to her; since he was stronger than she, he violated (Hebrew: anah) her and lay (Hebrew: šākab) with her. (2 Samuel 13:14 NAS)
    • Jonadab, the son of Shimeah, David's brother, responded, "Do not let my lord suppose they have put to death all the young men, the king's sons, for Amnon alone is dead; because by the intent of Absalom this has been determined since the day that he violated (Hebrew: anah) his sister Tamar. (2 Samuel 13:32 NAU)
    • They ravished (Hebrew: anah) the women in Zion, The virgins in the cities of Judah. (Lamentations 5:11 NAS)

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marry, your, rapist, this, article, about, rape, before, marriage, rape, within, marriage, marital, rape, marriage, abduction, bride, kidnapping, marry, your, rapist, marry, rapist, rape, marriage, rule, rape, jurisdiction, under, which, commits, rape, sexual,. 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 rule of rape law in a jurisdiction under which a man who commits rape sexual assault statutory rape abduction or other similar act is exonerated if he marries his female victim or in some jurisdictions at least offers to marry her The marry your rapist law is a legal way for the accused to avoid prosecution or punishment 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 Laws that allow courts to authorise an underage marriage on account of the pregnancy of a female minor when she is below the age of consent commonly with parental consent can in practice be a way for a statutory rapist to avoid prosecution for the statutory rape of a child The law has been justified as recognition of the cultural value placed upon female virginity at marriage in which despoiled girls and women are a source of shame for their families innocent of wrongdoing though they may be 9 10 In some cases vague the perpetrator rapes the girl or woman who he wants to marry after she rejected him Contents 1 Background 2 History 2 1 Antiquity 2 1 1 Code of Hammurabi and Middle Assyrian Laws 2 1 2 Hebrew Bible 2 2 Middle Ages and early modern period 2 3 19th century 2 4 20th and 21st century 2 5 Illegal continued existence 3 Campaigns for repeal 3 1 Bahrain 3 2 Egypt 3 3 El Salvador 3 4 Iraq 3 5 Italy 3 6 Jordan 3 7 Lebanon 3 8 Malaysia 3 9 Morocco 3 10 Palestine 3 11 Peru 3 12 Somalia 3 12 1 Puntland 3 12 2 Somaliland 3 13 Syria 3 14 Tunisia 3 15 Uruguay 3 16 United States 3 16 1 Missouri 3 16 2 Florida 4 Laws by country 5 See also 6 Notes 7 ReferencesBackground EditThis section may lend undue weight to the pro marry your rapist laws position The specific problem is This section implies the status of marry your rapist laws as an ongoing social debate with many adherents on both sides when it s not remotely debated in most of the world Please help improve it by rewriting it in a balanced fashion that contextualizes different points of view May 2022 Learn how and when to remove this template message The overwhelming majority of countries in the world do not have these laws and as of 2021 only 20 were believed to still have them 11 Many activists and organisations believe that these laws violate the dignity of women and degrade them by allowing them to be traded as possessions between families imply that rape is not a serious crime and blame the victim and not the perpetrator 12 The UN Human Rights Chief Zeid Ra ad Al Hussein said in 2017 that punishing a rape victim by making her marry the perpetrator of a horrible crime against her there is no place in today s world for such hideous laws 13 Furthermore 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 victims 14 15 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 16 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 17 Mental health problems including PTSD anxiety disorders rape trauma syndrome and depressive disorders are common in rape victims 18 A Taiwanese study showed that victims 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 19 Advocates for rape marriage laws argue that they shield the victim and her family from the shame of rape This is based on the idea that if a girl or woman is raped it is her own fault and she thus brings her family into disrepute As a result many women do not report their sexual assault because they fear this shame and the possibility of being murdered by a family member If a woman simply marries her rapist she preserves her family name and avoids a life of sexual shame 10 This view exists despite much evidence existing that blaming the victim leads to shame ridicule and unnecessary psychological distress 20 History EditAntiquity Edit Traditionally the marriage of the perpetrator and the victim after the rape was often seen as an appropriate resolution of the situation 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 21 Code of Hammurabi and Middle Assyrian Laws Edit The Code of Hammurabi was composed around 1750 BCE middle chronology supposedly by king Hammurabi of the First Babylonian Empire In Hammurabi 156 a woman is engaged to a man but the man s father has sex with her before they get married This scenario does not make clear whether the woman consented to having sex with her fiance s father and the woman gets to choose which man she marries so whether or not this is a rape law is contested 22 150 156 If a seignior chose a bride for his son and his son did not have intercourse with her but he himself has lain in her bosom he shall pay to her one half mina of silver and he shall make good to her whatever she brought from her father s house in order that the man of her choice may marry her Pritchard Ancient Near Eastern Texts Relating to the Old Testament 1969 p 172 22 150 The Middle Assyrian Laws MAL were developed between 1450 and 1250 BCE in the Middle Assyrian Empire 22 272 The 55th law MAL 55 stipulated that if a man took by force and ravished a young virgin woman who was not married or pledged or asked to be married and living in her father s house the virgin s father would be allowed to ravish the perpetrator s wife in retaliation and take her as an extra wife If the perpetrator had no wife the father could marry his daughter off to the perpetrator for the extra third in silver as the value of a virgin or to another man of the father s choosing for the same price 22 152 153 55 In the case of a seignior s daughter a virgin who was living in her father s house whose father had not been asked for her in marriage whose hymen had not been opened since she was not married and no one had a claim against her father s house if a seignior took the virgin by force and ravished her either in the midst of the city or in the open country or at night in the street or in a granary or at a city festival the father of the virgin shall take the wife of the virgin s ravisher and give her to be ravished he shall not return her to her husband but take her the father may give his daughter who was ravished to her ravisher in marriage If he has no wife the ravisher shall give the extra third in silver to her father as the value of a virgin and her ravisher shall marry her and not cast her off If the father does not so wish he shall receive the extra third for the virgin in silver and give his daughter to whom he wishes Pritchard Ancient Near Eastern Texts Relating to the Old Testament 1969 p 185 22 152 Susanne Scholz 2021 noted the similarities between Hammurabi 156 MAL 55 and the Hebrew Bible s Deuteronomy 22 28 29 composed in the 7th century BCE in each case the punishment is financial compensation in MAL 55 and Deut 22 to the woman s father in Hammurabi 156 to the woman herself and the no longer virgin woman must to be married off to the perpetrator or another man in Hammurabi 156 the woman can choose which man she wants to marry in MAL 55 her father decides in Deut 22 she must marry the perpetrator 22 142 Hebrew Bible Edit Further information Rape in the Hebrew Bible Deuteronomy 22 A marry your rapist provision is believed by some to be found in the Hebrew Bible Deuteronomy 22 28 29 which according to the New American Standard Bible reads If a man finds a girl who is a virgin who is not engaged and seizes ת פ ש taphas her and lies ש כ ב sakab with her and they are discovered then the man who lay ש כ ב sakab with her shall give to the girl s father fifty shekels of silver and she shall become his wife because he has violated ע נ ה anah inah her he cannot divorce her all his days Deuteronomy 22 28 29 New American Standard Bible 23 Bible translations interpret the passage differently with many modern editions translating the term ש כ ב sakab as to rape where older translations usually preferred to lie with Similarly most modern translations render ת פ ש taphas as to seize whereas older translations generally preferred to lay hold on 24 Finally ע נ ה anah inah is almost universally translated as to humble in older English translations but almost always as to violate in modern translations The Good News Translation even rendered the passage as he forced her to have intercourse with him and God s Word Translation made it he raped her 25 Irrespective of whether or not the woman had given consent to the sexual act or will give consent to marriage the man is required to marry her by paying her parents a dowry to settle the matter 26 Some Christians believe that the command in Deuteronomy 22 28 does not refer to rape but to a man enticing a woman to engage in consensual intercourse as in the passage in Exodus 22 16 17 27 28 which also explicitly states the father s right to confirm or refuse the marriage 29 The Hebrew sometimes rendered as rapes here is the verb ש כ ב sakab which literally means to lie down or to sleep is sometimes used as a euphemism for to lie sleep with someone and when the context adds force it can mean to rape for example in Genesis 35 22 or 2 Samuel 13 14 22 92 93 30 Adjacent scriptures that speak of forced sexual relations with engaged versus unengaged virgins prescribe the death penalty for rapists Deuteronomy 22 23 27 31 As apologist Kyle Butte argues It is clearly evident from the immediate context of Deuteronomy 22 that rape is not being discussed in verses 28 29 arguing that verses 25 27 give a clear instance in which rape is being discussed The text says that the man who committed the crime shall die v 25 32 But not all Christian scholars agree that Deuteronomy 22 28 29 is mere consensual fornication Eugene H Merrill 1994 pointed out At first glance the next example the rape of an unbetrothed girl might appear to have been a lesser offense than those already described but this was not the case at all First he seized Heb tapas lay hold of her and then lay down sakab with her a clear case of violent coercive behavior 33 Although commentators such as John Gill 1746 63 29 and Charles Ellicott 1897 28 who think Deuteronomy 22 28 29 describes consensual sex often compare it to Exodus 22 16 17 which almost all scholars agree is a consensual situation the latter does not specify that the man violated her whereas Deuteronomy 22 29 does 22 141 The Hebrew word used here for violated is ע נ ה anah or inah 34 which depending on the context can mean to rape to force sexually to defile to violate to ravish to mistreat to afflict to humble humiliate to oppress to subject submit subdue to weaken 22 35 Especially when a Hebrew verb is in the pi el intensifying form this adds force 22 120 and in Deuteronomy 22 29 ע נ ה in nah is in the pi el 22 141 In several other cases in the Hebrew Bible where this word is used to describe a man and a woman interacting it is usually describing a man forcing a woman to have sex against her will i e rape 22 78 note 1 Twelfth century Rabbi Moses Maimonides said the man s use of force would require that he marry his victim and never divorce her 37 Every maiden expects to be married her seducer therefore is only ordered to marry her for he is undoubtedly the fittest husband for her He will better heal her wound and redeem her character than any other husband If however he is rejected by her or her father he must give the dowry Exodus 22 15 If he uses violence he has to submit to the additional punishment he may not put her away all his days Deuteronomy 22 29 Middle Ages and early modern period Edit In Christian medieval Europe 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 citation needed 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 38 According to Johannah Stiebert women that were not engaged were not able to consent so rape became a matter of male superiority 39 According to the Shulchan Aruch 1565 a codification of Jewish law by Joseph Karo the girl or her father depending on age are given the option of demanding the man marry her in addition to paying a fine of 50 silver clarification needed beyond any damages physical or mental 40 19th century Edit Article 357 of the French Penal Code of 1810 not to be confused with the Napoleonic Code of 1804 contained a provision that if a man had abducted a girl and married her he could only be prosecuted if the girl s parents or legal guardians arranged to have the marriage annulled first Although the law does not contain the word rape it has been described as a marry your rapist law and has been held responsible for spreading the phenomenon in the MENA region through French colonisation Alternatively similar legislation was spread in the region by the Ottoman Empire based on Hanafi jurisprudence which did explicitly mention rape in abduction scenarios Scholars continue to debate which laws derived from which 41 20th and 21st century Edit In several Middle Eastern and North African countries marry the rapist laws that were adopted upon achieving independence in the mid 20th century were carried over from various earlier periods The origins of these laws are to be traced to a mixture of pre existing local Arab traditions Ottoman imperial laws and European French and British colonial laws 42 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 43 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 him 43 In this way some might argue that the victim of the assault had a harsher punishment than her attacker Currently India s Penal Code makes it amply clear that marriage does not act as an absolving factor in case of rape 43 Marry your rapist laws were common vague 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 In 1997 fifteen Latin American countries had laws that exonerated a rapist if he offered to marry the victim and she accepted These were Argentina Brazil Chile Colombia Costa Rica Ecuador Guatemala Honduras Nicaragua Panama Peru since 1924 Paraguay the Dominican Republic Uruguay and Venezuela 15 44 Costa Rica exonerated a rapist if he expresses an intention to marry the victim even if she did not accept 44 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 definitively repealed these laws Colombia repealed its 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 In 2017 a World Bank Group report claimed there were 12 countries left with marry your rapist laws Angola Bahrain Equatorial Guinea Eritrea Iraq Jordan repealed in August 2017 Lebanon repealed July 2017 45 Libya Palestine the Philippines Syria and Tunisia repealed in July 2017 46 A Reuters report in July of the same year also listed Algeria Kuwait and Tajikistan 45 47 Illegal continued existence Edit The practice of forcing victims of rape to marry their rapists continues in some countries where the laws allowing this have been abolished or never explicitly existed to begin with 10 This is the case for example in Ethiopia where marriage by abduction remains common despite it being illegal under the new 2004 Criminal Code 48 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 49 Similar to Afghanistan Somaliland also did not previously have any laws however it still was not uncommon for a rape victim s family to pressure them into marrying the perpetrator 50 Campaigns for repeal EditSee also Anti rape movement A map of marry your rapist laws by country since 1980 Country has marry your rapist law Part of country s territory has marry your rapist law Country is in process of repealing its marry your rapist law Country repealed its marry your rapist law after 1980 Country not known to have had marry your rapist laws after 1980 Several human rights organizations such as Human Rights Watch 8 and the United Nations Human Rights High Commission 51 have strongly criticised these laws These organizations have been working to abolish these laws and in several cases they have been successful However the opposition to the marry your rapist laws has been less significant than campaigns to criminalize marital rape altogether 52 Bahrain Edit Article 353 of the Bahrain penal code dating from 1958 has undergone several amendments since its adoption It provides that if a perpetrator of rape marries the rape victim before the final sentence is pronounced the charges will be dropped 53 and criminal proceedings will be suspended 54 55 The man is then able to divorce the rape victim 56 The law has been criticized by the international community in the early twenty first 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 as at December 2016 the government was still examining the law 8 and as at July 2017 it was only willing to repeal the marriage option in case of a gang rape 4 Parliament discussed the bill repealing Article 353 again on 8 May 2018 but it was withdrawn and voting was postponed 57 needs update Egypt Edit In 1999 Article 291 of the Egypt penal code was repealed by former president Hosni Mubarak by presidential decree 58 The original article had been adopted in 1904 and inspired by a French provision 59 The original article allowed any individual who committed sexual assault to avoid penalty if he entered into marriage with the female victim 60 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 61 Rape law has in statute and in practice privileged the protection of social order over the provision of individual criminal justice 9 El Salvador Edit 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 62 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 63 This law was abolished in 2017 64 Iraq Edit Article 427 of Iraq s penal code in its current form dating from 1969 states that if the perpetrator lawfully marries the victim any legal action becomes void 42 49 Following parliamentary votes in favour of the abolition of similar laws in Lebanon Jordan and Tunisia in 2017 women s rights activists made efforts to put the issue on the political agenda during the campaign for the 2018 Iraqi parliamentary election 65 Italy Edit Further information Franca Viola Article 544 of the Italian Criminal Code considered rape an offence against public morality not against an individual person If the perpetrator married his victim even if she was a minor any sexual offence would lapse Neither the law nor society made a distinction between such premarital rape on the one hand and consensual elopement in Sicily commonly called fuitina on the other Socially the victim was put under heavy pressure to agree to marrying her rapist the alternative was being shunned for the rest of her life as una donna svergognata a woman without honour literally a shameless woman The victim was held responsible for the humiliation of losing her virginity out of wedlock bringing shame upon herself and her family If she agreed to marry her attacker it was thus considered a reparational marriage matrimonio riparatore that restored her family s honour 66 In 1966 Franca Viola was one of the first women to refuse a reparational marriage publicly She was 17 years old when she was raped with the intention of marriage in 1965 The aftermath of her trial ruled that rapists were no longer able to avoid punishment through the marriage of their victims 66 In 1981 Italy repealed Article 544 67 Jordan Edit Article 308 of the Jordanian penal code allowed for the perpetrator of sexual assault to avoid persecution and punishment if he married the victim 68 Only if the marriage lasts under three years does he need to serve his time Between 2010 and 2013 a total of 159 attackers walked free along the lines of their punishment 69 Jordan amended article 308 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 70 The article was abolished in a historic vote by the House of Representatives of the Parliament on 1 August 2017 71 It was then approved by the Senate and ratified by the King 72 The article had roots in colonialism rather than in Islam It was remnant of Ottoman codes which had derived it from the French penal code France only removed a similar provision in 1994 69 Lebanon Edit Main article Campaign against the Lebanese rape marriage law Article 522 Article 522 of the Lebanon Penal Code became a part 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 73 However no criminal prosecution would take place if the perpetrator and their victim got married and stayed married for a minimum of three years 73 In 2017 Article 522 of the Lebanon Penal Code which had been labelled a rape law 74 was repealed and Articles 505 and 518 are to be reexamined 47 After Article 522 was repealed it was argued by many that the law still lived on through Articles 505 and 518 73 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 47 Malaysia Edit 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 75 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 76 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 77 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 Edit 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 78 79 A number of protests and campaigns took place in Morocco prior to the abolition of the Article 80 The Parliament abolished the law in 2014 78 as it was considered to be at odds with the 2011 constitution 80 Palestine Edit 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 42 After being annexed by Jordan in 1950 the West Bank has applied the 1960 Jordanian penal law Article 308 42 It is unclear how often the law was applied in practice Ikhlas Sufan director of a Nablus victims of violence shelter told Human Rights Watch that between 2011 and 2017 prosecution for rape has been halted in 60 cases in which the shelter was helping the women after the alleged rapist agreed to marry the victim In 15 of these cases the women later divorced these men 81 After an activist campaign put pressure on the Palestinian Authority president Mahmoud Abbas eventually signed Law no 5 of 2018 on 14 March 2018 which repealed article 308 of the 1960 Penal Code enforced in the West Bank However because the Gaza Strip is de facto controlled by Hamas the Egyptian derived marry your rapist law still applies there 81 Peru Edit 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 82 The notion that marriage could possibly restore a raped woman s honor has been linked to the country s 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 83 According to cultural beliefs instead of losing her virginity because of immoral behaviour a woman or her father retains the ability to claim that the act had taken place due to coercion thereby saving the victim s personal virtue Marriage in turn would solve the problem of a lost virginity and possible illegitimate child thus returning honor to the family 83 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 84 On 3 April 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 85 Somalia Edit Somali law draws its inspiration from civil law Islamic law citation needed and xeer As of 2018 most cases of rape and sexual assault in Somalia are still settled through xeer which is the country s native traditional caste based dispute resolution system in which traditional male elders dispense justice according to customary laws Following the customs of xeer it is common for a diya a fine of money camels or goats to be paid by the rapist s family to the rape survivor s family but in extreme scenarios the victim is forced to marry her rapist 86 Since January 1991 Somalia has been in a state of civil war without a functioning central government that controls the entire country The northwestern region of Somaliland unilaterally declared independence in May 1991 while the northeastern region of Puntland unilaterally declared its regional autonomy within Somalia in 1998 both gradually evolved their own legal systems and made efforts to outlaw the practice of forcing a rape victim to marry her attacker in the late 2010s Puntland Edit The self declared autonomous region of Puntland adopted a Sexual Offences Act in 2017 that criminalised all forms of sexual violence against women 86 Somaliland Edit The unrecognised state of Somaliland which declared its independence in 1991 but is internationally still considered part of Somalia did not have any law explicitly allowing rapists to marry their victims in order to go free However since the practice is in fact occurring which a number of politicians have found undesirable efforts have been undertaken to formally ban it In January 2018 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 The bill was approved by the lower house of Parliament 50 The president of Somaliland Musa Bihi Adbi hoped that this law will help to eliminate violence against women throughout the country 87 Syria Edit Syria s laws concerning rape are that a rapist 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 88 89 This law is particularly harmful because many victims are pressured into marrying their rapist due to societal stigma towards the victims 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 88 Tunisia Edit 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 90 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 91 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 92 The new law encompasses all forms of violence or discrimination against women such as psychological abuse or economic discrimination and is thus a breakthrough for women s rights in Tunisia 93 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 91 BackgroundUnder 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 94 Freedoms of expression and association were limited Heavy restrictions on registration to work for women s organizations and political parties were in place 95 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 96 At the outset of the revolution women were as active as men in demanding equal access to jobs education and basic rights and freedoms 94 Women were heavily involved in the drafting of the new constitution after the revolution 97 which guarantees equality based on gender in at least one area 98 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 95 Candidate quotas were introduced in Article 16 which guaranteed equal representation of women in politics 95 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 99 The new law called Law No 58 of 2017 of 11 August 2017 went into effect on 1 February 2018 100 Uruguay Edit 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 101 102 United States Edit See also Age of marriage in the United States and Child marriage in the United States Even though on a Federal Level this law does not exist a certain phenomenon that resembles marry your rapist laws existed in some U S states formerly in Missouri and Florida This resulted from loopholes in laws that allow for marriage below the age of consent thus circumventing statutory rape laws Missouri Edit See also Ages of consent in the United States Missouri The age of consent in Missouri is 17 According to a March 2018 article in the Journal Star Peoria more than 300 men aged 21 or older married with 15 year old girls in the state of Missouri between 1999 and 2015 For the men who had premarital sex with the girls they later married this would constitute statutory rape according to Missouri law which defines statutory rape as anyone 21 or older having sex with someone younger than 17 outside of marriage However sex is legal within marriage even with a minor and Missouri allowed marriage from the age of 15 until August 2018 when a law passed establishing a minimum age of 16 and forbidding marriages between someone under 18 and someone over 21 103 This created a loophole by which statutory rape could be covered up if the marriage is concluded before the authorities found out sexual intercourse has taken place especially if it resulted in a pregnancy This allowed for the suspect to be exempt from prosecution for example imprisonment and having to register as a sex offender Social pressure could be put on the alleged victim to agree to marry her statutory rapist to make him avoid punishment Moreover because of Missouri s age loophole a number of out of state couples travelled to Missouri to marry 104 Florida Edit See also Ages of consent in the United States Florida The age of consent in Florida is 18 However until March 2018 the state of Florida allowed marriage without any minimum age for a girl if she was pregnant and a judge approved of the marriage In this manner the man who impregnated her could avoid being prosecuted for statutory rape The current law requires anyone seeking marriage to be at least 18 years old or 17 with the other partner not being more than two years older and the minor having received parental consent pregnancy is no longer a factor 105 Laws by country EditMarry your rapist laws by country or territory Country Adopted Repealed NotesAlgeria 106 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 42 Angola 49 107 Argentina lt 1997 15 2012 108 See also AvenimientoArticle 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 108 Bahrain 1976 42 Unknown 4 Article 353 exempts rapists defined in Article 344 42 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 lt 1997 15 109 Article 317 states that there will be no punishment if defendants marry their victim before the sentence is passed 42 CEDAW called on Bolivia to repeal it 109 Brazil lt 1984 110 2005 111 112 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 42 Bulgaria 2015 107 Until September 2015 under Bulgaria s penal code a rapist could escape punishment even in the case of statutory rape if it was followed by marriage 107 Cameroon 49 107 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 113 Chile lt 1997 15 1999 114 A new Sexual Crimes Code which no longer contained a rape marriage law was enacted in July 1999 114 Colombia lt 1997 15 1997 44 Costa Rica lt 1997 15 2007 8 115 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 42 Denmark 2013 Until 2013 116 according to section 227 of the Danish Penal Code the penalty for rape committed pursuant to section 216 and for other sexual offences sections 217 226 could be reduced or remitted if the persons between whom the sexual intercourse has taken place have since married each other or registered their partnership 117 Dominican Republic lt 1997 15 Un knownEcuador lt 1997 15 2014 118 In August 2014 a new criminal code came into force in Ecuador and it no longer contains such provisions 118 Egypt 1904 42 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 64 Equatorial Guinea 107 Eritrea 107 Ethiopia 2005 119 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 120 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 penalties 121 Greece 2018 122 In 2018 Greece repealed article 339 3 which allowed marriage as a permissible settlement for seduction of a child 122 Guatemala lt 1997 15 2006 123 Article 200 42 stated that a rapist could be exonerated if he promised to marry his victim provided she had reached the age of 12 123 Honduras lt 1997 15 Un knownIraq 1969 42 49 Article 427 of Iraq s penal code states that if the perpetrator lawfully marries the victim any legal action becomes void 42 49 Italy 1981 8 44 In 1981 Italy repealed Article 544 of the Penal Code that allowed rapists to marry their victims to avoid punishment 67 Jordan 1960 42 106 2017 14 On 1 August 2017 Parliament voted to abolish Article 308 of Jordan s penal code The Senate and the King approved the amendment 72 Kuwait 1960 42 49 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 will not be punished as he would be under Article 180 42 49 Lebanon 1948 42 2017 47 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 47 Libya 1953 42 49 106 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 42 Mexico 1931 124 1991 national 44 The national marry your rapist law was repealed in 1991 44 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 125 Morocco 2014 4 78 Article 475 of Morocco s penal code exempted rapists from punishment if they married their victim 49 Mozambique 1886 2014 126 Article 400 of the Portuguese penal code of 1886 127 which still functioned in post colonial Mozambique until its replacement on 11 July 2014 128 stated that rapists who married their victim would not be punished 127 The law had not been applied since independence in 1974 126 Nicaragua lt 1997 15 2008 129 Article 196 stated that if the victim marries the offender or grants her pardon the procedure is suspended and the sentence imposed is cancelled 42 Palestine 1959 42 2018 W B Gaza Article 308 of the 1960 Jordanian Penal Code which applies in the West Bank was repealed on 14 March 2018 However Articles 290 and 291 of the old the law Egyptian Penal Code are still applied in the Hamas controlled Gaza Strip 81 Panama lt 1997 15 2008 130 Article 225 42 stated that a rapist could marry his victim aged 14 or older in order to avoid potential charges 130 Paraguay lt 1997 15 Un knownPeru 1924 15 1999 44 The 1924 law Article 78 42 was modified in 1991 to absolve co defendants in a gang rape case if one of them married the victim 15 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 131 See Rape in the Philippines Romania 2000 8 Russia 49 Article 134 of Russian criminal code states that if the perpetrator is aged 18 or older and has committed first time statutory rape with a minor between the age of 14 and 16 for the first time he is exempt from punishment if he marries the victim 132 Serbia 49 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 49 Syria 1949 42 49 106 Syria s penal code Article 508 in combination with Article 489 is a perfect copy of the Lebanese Articles 503 and 522 42 Tajikistan 49 Thailand 49 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 49 Tonga 1926 133 133 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 133 Tunisia 1913 42 2017 134 Article 227 states the offender s prosecution or sentence is suspended if he marries his victim 42 The proposal to repeal the law was approved by Parliament on 26 July 2017 134 Turkey 2005 135 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 135 Uruguay lt 1997 15 2006 136 Article 116 42 Venezuela lt 1997 15 partially struck down by judicial decisions by the Supreme Tribunal of Justice Venezuela in 1999 and 2015 137 Article 393 formally 395 42 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 138 See also EditEffects and aftermath of rape Rape culture Raptio Types of marriage Types of rapeNotes Edit Other examples of ע נ ה anah inah describing a man and a woman interacting Later if you no longer want her you are to let her go free Since you forced her to have intercourse Hebrew anah with you you cannot treat her as a slave and sell her Deuteronomy 21 14 36 If you mistreat Hebrew anah my daughters or if you take wives besides my daughters although no man is with us see God is witness between you and me Genesis 31 50 NAU But the men of Gibeah rose up against me and surrounded the house at night because of me They intended to kill me instead they ravished Hebrew anah my concubine so that she died Judges 20 5 NAS However he would not listen to her since he was stronger than she he violated Hebrew anah her and lay Hebrew sakab with her 2 Samuel 13 14 NAS Jonadab the son of Shimeah David s brother responded Do not let my lord suppose they have put to death all the young men the king s sons for Amnon alone is dead because by the intent of Absalom this has been determined since the day that he violated Hebrew anah his sister Tamar 2 Samuel 13 32 NAU They ravished Hebrew anah the women in Zion The virgins in the cities of Judah Lamentations 5 11 NAS References Edit Mellen Ruby March April 2017 The Rapist s Loophole Marriage Foreign Policy 223 20 Nora Fakim 17 March 2012 Morocco protest against rape marriage law BBC News Retrieved 4 August 2017 Moroccans call for end to rape marriage laws Aljazeera English 17 March 2012 Retrieved 4 August 2017 a b c d e f g h 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 Jordan repeals marry the rapist law Deutsche Welle 1 August 2017 Retrieved 6 August 2017 Alice Su 1 August 2017 Activists in Jordan Celebrate the Repeal of a Marry the Rapist Law Time Archived from the original on 5 August 2017 Retrieved 6 August 2017 Encyclopedia of Women and Islamic Cultures Family Law and Politics Retrieved 17 August 2013 a b c d e f g h i j k l Lebanon Reform Rape Laws Human Rights Watch 19 December 2016 Retrieved 4 August 2017 a b Warrick Catherine 1 June 2005 The Vanishing Victim Criminal Law and Gender in Jordan Law amp Society Review 39 2 315 348 doi 10 1111 j 0023 9216 2005 00084 x ISSN 1540 5893 a b c Dehnert Elspeth 22 August 2017 As Lebanon Jordan Tunisia End Marry Your Rapist Laws Where Next News Deeply Archived from the original on 17 May 2019 Retrieved 16 November 2017 Johnson Sarah 14 April 2021 Marry your rapist laws in 20 countries still allow perpetrators to escape justice The Guardian Retrieved 8 November 2022 Repealing marry your rapist laws Equality Now Retrieved 8 November 2022 End in sight for marry your rapist laws OHCHR Retrieved 8 November 2022 a b Somini Sengupta 1 August 2017 Jordan Moves to Repeal Marry Your Rapist Law The New York Times Retrieved 4 August 2017 a b c d e f g h i j k l m n o p q r Calvin Sims 12 March 1997 Justice in Peru Victim Gets Rapist for a Husband The New York Times Retrieved 4 August 2017 Shrage Laurie J Stewart Robert Scott 2015 Philosophizing About Sex Toronto Broadview Press p 59 ISBN 9781770485365 Retrieved 4 August 2017 Countries Around The World Move To Repeal Marry Your Rapist Laws NPR org Retrieved 13 April 2018 Lp Chen Mh Murad Ml Paras Km Colbenson Al Sattler En Goranson Mb Elamin Rj Seime G Shinozaki Lj Prokop A Zirakzadeh July 2010 Sexual abuse and lifetime diagnosis of psychiatric disorders systematic review and meta analysis Mayo Clinic Proceedings 85 7 618 629 doi 10 4065 mcp 2009 0583 ISSN 1942 5546 PMC 2894717 PMID 20458101 Luo Tsun Yin 1 August 2000 Marrying My Rapist Gender amp Society 14 4 581 597 doi 10 1177 089124300014004006 S2CID 145079954 Victim Blaming Sexual Assault Centre Of Edmonton 26 May 2020 Retrieved 8 November 2022 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 a b c d e f g h i j k l Scholz Susanne 2021 Sacred Witness Rape in the Hebrew Bible Fortress Press ISBN 9781506482033 E book edition Deuteronomy 22 New American Standard Bible on Biblehub com Retrieved 29 September 2019 Deuteronomy 22 28 Parallel Biblehub com Retrieved 20 December 2021 Deuteronomy 22 29 Parallel Biblehub com Retrieved 20 December 2021 Newsom Carol Ann Ringe Sharon H 1998 Women s Bible Commentary Westminster John Knox Press p 64 ISBN 9780664257811 Retrieved 4 August 2017 Deuteronomy 22 Commentary Expository Notes of Dr Thomas Constable Constable s Notes on studylight org Retrieved 2 October 2019 a b Deuteronomy 22 Ellicott s Commentary for English Readers Ellicott s Commentary on biblehub com Retrieved 2 October 2019 a b Deuteronomy 22 Gill s Exposition Exposition of the Entire Bible by John Gill on Biblehub com 1763 Retrieved 17 December 2021 George Wigram 1843 7901 ש כ ב shakab The Englishman s Hebrew and Chaldee Concordance to the Old Testament Biblehub com Retrieved 30 May 2021 Deuteronomy 22 Constable s Notes on Netbible org Retrieved 29 September 2019 Deuteronomy 22 28 29 and Rape by Kyle Butt M Div Apologetics Press August 2015 Retrieved 29 September 2019 Merrill E H New American Commentary 1994 Deuteronomy 22 28 29 מילון מורפיקס ענה באנגלית פירוש ענה בעברית www morfix co il Retrieved 12 June 2021 George Wigram 1843 6031 ע נ ה anah The Englishman s Hebrew and Chaldee Concordance to the Old Testament Biblehub com Retrieved 28 May 2021 Deuteronomy 21 14 16 GNT Later if you no longer want her you Bible Gateway Deuteronomy The Old Testament The Good News Translation GNT Biblegateway com Retrieved 5 October 2022 Moses Maimonides Guide For The Perplexed Translated From The Original Arabic Text by M Friedlander Ph d 2nd edition London George Routledge amp Sons Ltd New York E P Dutton amp Co 1919 p 374 Bardsley Sandy 2007 Women s Roles in the Middle Ages London Greenwood Publishing Group p 138 ISBN 9780313336355 Retrieved 5 August 2017 Stiebert Johannah 27 June 2017 Sex Rape and Social History The Case of the Bible Shiloh Project Universities of Sheffield Leeds and Auckland Retrieved 4 May 2019 Joseph Karo 1565 Shulchan Arukh Even HaEzer 177 3 Retrieved 4 May 2019 Duque Maria Alejandra Gomez 2021 Towards a legal reform of rape laws under international human rights law PDF The Georgetown Journal of Gender and the Law Georgetown University 22 500 502 Retrieved 21 December 2021 S ome scholars argue that article 357 was the source of the current rape marriage laws in Middle Eastern countries after French colonization However other scholars are uncertain about the origins of rape marriage laws in the Middle East Indeed the language of the latest Ottoman Penal Code included the word rape in the definition of bride abduction whereas the Napoleonic Code sic did not 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 ad The Middle East s Rape Marriage Laws Selfscholar 18 July 2012 Retrieved 6 August 2017 a b c Jolly Stellina Raste M S 2006 Rape and Marriage Reflections on the Past Present and Future Journal of the Indian Law Institute 48 2 277 284 JSTOR 43952037 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 a b Lebanon scraps law absolving rapists who marry victims Reuters 16 August 2017 Retrieved 12 May 2018 Protecting women from violence Women Business and the law Indicator Data World Bank Group 2017 Retrieved 12 May 2018 a b c d e Lebanon Rape Law Parliament Abolishes Marriage Loophole BBC News 16 August 2017 IRIN Africa ETHIOPIA Surviving forced marriage Ethiopia Children Gender Issues IRINnews 23 February 2007 Retrieved 22 August 2015 a b c d e f g h i j k l m n o p q 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 a b Butcher Ryan 15 January 2018 Rapists in Somaliland Will No Longer Be Allowed to Marry Victims under New Law The Independent Retrieved 12 May 2018 Civil Society stakeholders brief Committee on the Elimination of Discrimination against Women on Lebanon United Arab Emirates and Malawi United Nations Human Rights Office of the High Commissioner 2 November 2015 Retrieved 29 March 2019 Sengupta Somini 22 July 2017 One by One Marry Your Rapist Laws Are Falling in the Middle East The New York Times The New York Times Retrieved 17 November 2017 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 BCHR Family Law in Bahrain Archived 15 March 2017 at the Wayback Machine Bahrain Center of Human Rights 10 February 2014 Accessed 14 March 2017 Hamada Suad RIGHTS BAHRAIN Weak Laws Let Rapists Off the Hook Inter Press Agency 16 March 2010 Accessed 14 March 2017 Freedom House Women s Rights in Bahrain 2009 Archived from the original on 17 January 2018 Retrieved 27 July 2019 No It is not okay for rapists to marry their victims Bahraini Lawyers Want Change In Law News of Bahrain 27 May 2018 Retrieved 3 February 2021 AP 4 April 1999 Egypt to abolish archaic rape law The Independent Retrieved 17 March 2017 Dupret Baudouin 2011 Adjudication in Action An Ethnomethodology of Law Morality and Justice p 66 Sadek George Egypt Sexual Violence Against Women The Law Library of Congress Global Legal Research Center October 2016 Accessed 14 March 2017 Egypt s president voids law setting free rapists who marry victim Associated Press 5 April 1999 n p 1998 Human Rights Report El Salvador 20 December 2014 Archived from the original on 20 December 2014 Retrieved 13 April 2018 REFoRMASE EL CoDIGO DE FAMILIA Asamblea Legislativa de El Salvador www asamblea gob sv Retrieved 13 April 2018 a b El Salvador scraps controversial law allowing pregnant minors to wed Reuters 18 August 2017 Heba Kanso 29 March 2018 Will Iraq be next to abolish controversial marry your rapist law Reuters Retrieved 14 May 2018 a b Pirro Deirdre 2009 Italian Sketches The Faces of Modern Italy Prato The Florentine Press p 94 ISBN 9788890243448 Retrieved 14 May 2018 a b Van Cleave Rachel A Rape and the Querela in Italy False Protection of Victim Agency Michigan Journal of Gender amp Law vol 13 2007 pp 273 310 Arab The New Jordan might end law allowing rapists to marry victims alaraby Retrieved 17 March 2017 a b Laws that allow rapists to marry their victims come from colonialism not Islam The Independent 2 August 2017 Retrieved 13 April 2018 Activists applaud Royal committee s recommendations on women rights 27 February 2017 In historic vote House abolishes controversial Article 308 The Jordan Times 1 August 2017 Retrieved 1 August 2017 a b Jordan Parliament Passes Human Rights Reforms HRW 4 October 2017 Retrieved 20 October 2019 a b c Bethan McKernan Beirut 17 August 2017 Lebanon Has Repealed Its Marry Your Rapist Law The Independent Massena Florence Lebanese activists succeed in first step to repealing controversial rape law Al Monitor 12 December 2016 Accessed 20 January 2017 Yenni Kwok 4 August 2016 Malaysian Man Accused of Rape Avoids Jail After Marrying His Teenage Victim Time Retrieved 4 August 2017 Lian Cheng amp Anasathia Jenis 5 August 2016 High Court reinstates statutory rape case updated The Borneo Post Retrieved 4 August 2017 Heather Barr 10 May 2017 Marrying Your Rapist in Malaysia Human Rights Watch a b c Nora Fakim 23 January 2014 Morocco amends controversial rape marriage law BBC News Retrieved 4 August 2017 Al Jazeera Morocco repeals rape marriage law Al Jazeera 23 January 2014 Accessed 18 February 2017 a b Bakhadda Fadoua 7 February 2014 How NGOs helped change Moroccan law on rapists marrying their victims The Guardian Retrieved 17 March 2017 a b c Palestine Marry Your Rapist Law Repealed Human Rights Watch 10 May 2018 Retrieved 13 May 2018 Mujica Jaris November 2011 Violaciones sexuales en el Peru 2000 2009 un informe sobre el estado de la situacion UNFPA a b Boesten Jelke 2007 Marrying Your Rapist Domesticating War Crimes in Ayacucho Peru Routledge Boesten J 2012 The State and Violence Against Women in Peru Intersecting Inequalities and Patriarchal Rule Social Politics International Studies in Gender State amp Society 19 3 361 382 doi 10 1093 sp jxs011 S2CID 145349178 Reuters Alan 5 April 1997 Peru s Congress Repeals Law Protecting Rapists The New York Times a href Template Cite news html title Template Cite news cite news a last has generic name help a b Neha Wadekar 26 April 2018 Welcome to Puntland where many men don t consider rape a crime Elle Retrieved 15 May 2018 Shaban Abdur Rahman Alfa 10 January 2018 Rapists in Somaliland Can No Longer Marry Victims Could Face 30 Years in Jail Africa News a b Syria U S Department of State Retrieved 13 April 2018 Violence Against Women McCormick Cavanagh Conor 28 July 2017 New Tunisian Law Takes Long Stride Toward Gender Equality Al monitor a b McCormick Cavanagh Conor 28 July 2017 New Tunisian law takes long stride toward gender equality Al Monitor Retrieved 16 November 2017 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 Blaise Lilia 1 August 2017 Tunisia Takes a Big Step to Protect Women From Abuse The New York Times The New York Times Retrieved 16 November 2017 a b Labidi Mehrezia 23 March 2012 Tunisia s women are at the heart of its revolution The Guardian Retrieved 16 November 2017 a b c Tunisia Social Institutions and Gender Index Retrieved 16 November 2017 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Mocambique in Swedish Afrikagrupperna 18 September 2014 Retrieved 12 May 2018 a b Discriminatory articles removed from draft penal code AIM Reports Mozambique News Agency 25 March 2014 Retrieved 12 May 2018 Nar rattssakerhet blir en klassfraga in Swedish Afrikagrupperna 19 August 2014 Retrieved 12 May 2018 Nicaragua Codigo Penal Ley Nº 641 Wipo int Retrieved 16 July 2016 a b 2009 Human Rights Report Panama U S Department of State Retrieved 10 August 2017 Republic Act No 8353 The Anti Rape Law of 1997 PHILIPPINE LAWS STATUTES AND CODES CHAN ROBLES VIRTUAL LAW LIBRARY Criminal code of Russian Federation PDF World Intellectual Property Organization 3 May 2020 Retrieved 3 May 2020 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 a b Middle East on a Roll to Repeal Marry the Rapist Laws Human Rights Watch 24 August 2017 Retrieved 1 January 2020 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 The Secretary Generals database on violence against women Sgdatabase unwomen org Archived from the original on 25 July 2013 Retrieved 17 August 2013 Boletin Legal Venezuela Nulidad parcial del articulo 393 del Codigo Penal 4 June 2015 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 amp oldid 1133466158, wikipedia, wiki, book, books, library,

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