Jordan to drop ‘marry the victim’ clause that shields rapists
Rights advocates hail move against rapists, but say more needs to be done
Apregnant 15-year-old who had been raped by a brother-in-law decided to marry her attacker, hoping this would shield her from other male relatives who might kill her in the name of “family honour”.
A young woman was taken into protective custody after being stabbed 17 times by a brother who accused her of bringing “shame” to the family for running away from an abusive husband.
Jail, forced marriage or the risk of getting killed by family members — these are some of the harsh choices still faced by victims of abuse or sexual violence in Jordan.
In a key step towards reform, the kingdom is now poised to abolish a provision that exempts a rapist from punishment if he marries his victim. Jordan’s parliament is expected to do so in a special session sometime after the end of Ramadan.
Women’s rights advocates say repealing Article 308 would be a victory, but that more work lies ahead in a society with deeply rooted customs of patriarchy and a legal system that often goes easy on the male perpetrators.
“It’s about the patriarchal mentality in a society that never punishes the man or shames him for anything,” said Asma Khader, a lawyer and activist.
The “marry the rapist” provision has been repealed in Egypt and Morocco, but remains in the books in Tunisia, Lebanon, Syria, Libya, Kuwait, Iraq, Bahrain, Algeria and the Palestinian territories, according to Human Rights Watch.
Judge Jehad Al Duradi, who handles sexual violence cases at Jordan’s main criminal court, said women who agree to marry their attackers often act out of desperation.
The judge cited the case of the 15-year-old who was raped by her sister’s husband. At the pregnant teen’s request, the judge approved a marriage between the rapist and his victim. The rapist escaped punishment and expelled his new wife from his home on the day of the wedding, leaving her to fend for herself and her child.
Lenient treatment
Several other Jordanian laws allow lenient treatment of those who kill or assault women. One provision lightens punishment if a man kills his wife or another female relative for allegedly having sex outside marriage. Another article says a convicted killer could receive as little as a year in prison if he acts in a “state of great fury resulting from an unlawful and dangerous act” by the victim.
If the victim’s family drops a complaint, even that oneyear minimum can be cut in half. Al Duradi said Jordanian courts have imposed harsher punishment for such crimes in recent years. “The text of the law hasn’t changed, but the interpretation has,” he said.
Jordan’s main criminal court heard 182 rape cases in 2015 and 168 in 2016. It also dealt with 39 slayings of women in 2015, including nine labelled “honour crimes.”