‘Marry your rapist’ laws in 20 countries still allow offenders to escape justice | Women’s rights and gender equality

Twenty countries still allow rapists to marry their victims to escape criminal prosecution, according to the UN’s annual report on the world population.

Russia, Thailand and Venezuela are one of the countries that allow men to undo their convictions for rape if they marry the women or girls who assaulted them.

Dr Natalia Kanem, executive director of the United Nations Population Fund (UNFPA), which published the report on Wednesday, said such laws were “deeply wrong” and were a way of subjecting women.

‘The denial of rights cannot be protected by law. ‘Marry your rapist’ laws shift the burden of guilt to the victim and try to disinfect a criminal situation. “

Dima Dabbous, director of the Middle East and Africa region of Equality Now, whose research is quoted in the UNFPA report, said the laws reflect a ‘culture’ that does not think women should have physical autonomy and that it is the property of the family. It is a tribal and outdated approach to sexuality and honor that is mixed ”.

Dabbous added that it is “very difficult to change [these laws] but it is not impossible ”. She said the law in Morocco was repealed after widespread anger when a young woman killed herself after being forced to marry her rapist. Jordan, Palestine, Lebanon and Tunisia followed suit.

Hamida, right, and Souad, the sister and mother of Amina Filali
Hamida, right, and Souad, the sister and mother of Amina Filali who killed herself in Morocco in 2012 after she was forced to marry her rapist. Photo: Abdelhak Senna / AFP / Getty

However, Kuwait still allows an offender to legally marry his victim with the consent of her guardian. In Russia, if the offender is 18 years old and has committed legal rape with a minor under 16, he is exempt from punishment if he marries the victim.

In Thailand, the marriage can be considered a rape settlement if the perpetrator is over 18 and the victim is over 15, if she has given ‘permission’ for the crime and if the court has given permission for the marriage.

The marriage laws and practices that make women subordinate are widespread and difficult to eradicate, said the UNFPA, which reported that 43 countries have no legislation criminalizing marital rape.

However, this is by no means the only way to prevent women and girls, people with disabilities and people with different sexual orientations.

The report, which focuses on physical autonomy – the ability to make choices about your body without violence or coercion – emphasizes that almost half of women (45%) in 57 countries are denied the right to say yes or no for sex with their partner. , use contraception or seek health care.

A young woman who said she was raped by her friend is sitting with others in La Maison Rose, Dakar, Senegal
A young woman who said she was raped by her friend is sitting with others in La Maison Rose, a shelter for women and girls who fled from abuse, rape and forced marriage in Dakar, Senegal. Photo: Zohra Bensemra / Reuters

In Mali, Niger and Senegal, the situation is particularly dire. Less than one in ten women make their own decisions about health care, contraception and sex with their partners.

“The fact that almost half of the women are still unable to make their own decisions about whether they want to have sex, use contraception or seek health care should upset us all,” Kanem said. ‘Essentially, hundreds of millions of women and girls do not own their own bodies. Their lives are run by others. ”

More than thirty countries restrict women’s freedom outside the home, while girls and boys with disabilities are almost three times more exposed to sexual violence, with girls at greatest risk.

Education is the key to improving physical autonomy, the report says, while laws need to be changed and social norms need to be more gender balanced. Healthcare providers can also play a critical role.

“The denial of bodily autonomy is a violation of the fundamental human rights of women and girls that reinforces inequality and the perpetuation of violence as a result of gender discrimination,” Kanem said. “It is nothing but a destruction of the spirit, and it must stop.”

In the UK, Rape Crisis (rapecrisis.org.uk), a national organization providing support and counseling to those affected by rape and sexual abuse, can be contacted on 0808 802 9999. A list of numbers for organizations in other countries can be found here

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