Bahrain abolishes law that let some rapists avoid punishment

Bahrain’s parliament has voted to abolish a law exempting rapists from punishment if they married their victim.

The move was welcomed by women’s rights campaigner, who have fought for years against the legislation.

Bahrain’s upper house of parliament, the Shura Council, unanimously voted to remove Article 353 from the country’s penal code. It allowed those who committed rape or sexual assault to avoid punishment if they married the victim.

“Rapists will not escape punishment. Bahrain is a country with a traditional Muslim culture with respect offered to many religions,” Minister of Justice, Islamic Affairs and Endowments Nawaf Al Mawada said during the weekly session of parliament.

“Governments need to study and update legislation as society and cultures evolve.”

Bahrain is the latest country in the Middle East and North Africa to abolish laws or amend penal codes that have allowed rapists to avoid prosecution by marrying their victims.

In 2017, Lebanon, Jordan and Tunisia scrapped similar laws.

Nancy Khedouri, a member of the Shura Council and part of the committee that handled the bill to abolish the law, said the decision was important.

“The abolition of this article came as an imperative necessity because it did not address the issue of rape and did not provide adequate protection for women from this crime,” Ms Khedouri told The National.

“On the contrary, it protected the rapist and rewarded him for his crime by marrying the victim, without taking into account her psychological status and the status of her family in society.

“It put those who are victims of the crime of rape in a worse situation than those who commit the crime, where a marriage resulting from a rape would allow a quick escape for the rapist from being lawfully penalised.”

Hala Al Ansari, secretary general of Bahrain’s Supreme Council for Women, said that the decision was consistent with recommendations made in 2015.

It “relieved the affected women of any pressures that may lead them to accept the fait accompli”, Ms Al Ansari said.

Khaled El Mekwad, UN resident co-ordinator in Bahrain, said: “This landmark legislative reform will increase the protection of the fundamental

Women’s rights groups applaud the move after a unanimous vote by the Shura Council

rights of women and girls in Bahrain.”

Female members of parliament said it was high time the legislation was changed.

MP Eman Showaiter from the lower house of parliament told The National that the law punished instead of protecting assault victims.

“Obliging her to marry someone who committed a crime against her degraded her dignity and deprived her of her most basic rights to choose her life partner and violated the pillar of consent as a condition for the validity of the marriage contract in Islamic law,” Ms Showaiter said.

“The abolition of Article 353 ... is an important and necessary requirement to preserve the dignity and humanity of women.”

Debate on the abolishment began in 2016 but was shelved.

The move to scrap the law was welcomed by Bahraini writers including Ahdeya Ahmed, who told The National that she wished it had happened earlier.

“Bahrain’s government has worked tirelessly to ensure women in the country gain their full rights and are protected by the law, and unfortunately this law allowed rapists to get away with punishment if they married their victims,” Ahmed told The National.

“So it’s unfortunate that it took so much time but at least it was finally abolished.”