Campaigners Demand End to 'Marry Your Rapist' Law in Iraq

BAGHDAD, Iraq, May 3, 2018 /PRNewswire/ -- Campaigners are calling on the Iraqi government to repeal Article 398, a law that allows rapists to escape punishment by marrying their victims. In 2017, Tunisia, Jordan and Lebanon all removed similar legal loopholes in their penal codes, as did Palestine in March this year. Activists hope Iraq will be next.

The introduction of rape exemption laws in the region stem from French and Ottoman colonial rule, which left many countries in the Middle East and North Africa with similar penal codes. 

Suad Abu-Dayyeh, from international women's rights organisation Equality Now, explains: "A rape victim is often blamed for the attack rather than being supported. Some may hold her responsible because she didn't 'do enough' to resist, or may have 'invited it'."

"Another justification is that it's better for a woman to marry her rapist because she is otherwise 'unmarriageable'. These cultural traditions place a heavy burden on the victim and pressure her to 'agree' to marry her attacker."

Iraqi MP Intisar Aljubory has submitted a bill to Parliament requesting the repeal of Article 398. Equality Now and regional partners Baghdad Women Association (BWA), Iraqi Women League and Coalition of Women MPs from Arab Countries to Combat Violence Against Women are asking the Iraqi Speaker of the House, Salim al-Jabouri, to immediately call for a vote.

Courageous activists from BWA are holding street theatre performances in Baghdad to build public support for abolishing the 'marry-your-rapist' law.

Rasha Khalid from BWA, explains, "By marrying his victim, a rapist is able to gain legal and social immunity. Furthermore, as our social system deems marriage a private matter between husband and wife, it means no one has the right to intervene. This leaves women extremely vulnerable to further abuse."

People globally can support rape survivors in Iraq  by sending letters to Salim al-Jabouri and Prime Minister Haider Al-Abadi urging them to take action.

Abu-Dayyeh says, "International human rights law guarantees equal rights and legal protections for women and girls, and it is a gross violation of human rights when a victim is pressured to marry the man who raped her. With national elections schedule in Iraq for May 12, we call on the country's leadership to take positive action".

"We also applaud the brave campaigners in Iraq who are operating in very risky circumstances. They are fighting for women and girls rights despite the difficult situation on the ground with the country's weak economy, high poverty levels, corruption issues, sectarian and political tensions, and the threat of armed conflict." 

Article 398 is part of a broader attack on gender equality in Iraq. Other recent examples include a bill requesting the government pay married men an incentive for entering into up to four polygamous marriages, and another which could result in the age of marriage being lowered to nine years old.

For further details, including photographs, video, case study information, and expert interviews, please contact Tara Carey at Equality Now [email protected] / 212-586-0906

SOURCE Equality Now