Jordan poised to abolish provision shielding rapists

AMMAN, Jordan — A pregnant 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 honor.”

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 toward 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 this week.

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The “marry the rapist” provision has been repealed in Egypt and Morocco but remains on the books in Tunisia, Lebanon, Syria, Libya, Kuwait, Iraq, Bahrain, Algeria and the Palestinian territories, according to the international group 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, the judge said.

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 one-year minimum can be cut in half. Some perpetrators in Jordan have been jailed for as little as six months for killing a daughter or sister.

Al-Duradi said Jordanian courts have imposed harsher punishment for such crimes in recent years; no convicted killer has received a sentence of less than 10 years in prison since 2010.

“The text of the law hasn’t changed, but the interpretation has,” the judge 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 labeled “honor crimes.” In 2016, there were 36 killings, including eight honor cases.

The actual numbers are believed to be higher, with many assaults going unreported, said Samar Muhareb, director of a legal aid group. Communities prefer to handle such crimes in tribal arbitration to avoid public shame.

Meanwhile, Jordanian authorities often detain atrisk women.

A decision on protective custody can be made by a provincial governor, without court approval. Detention typically continues until the woman’s family promises not to harm her, or until she finds a man to marry her.

Fidaa, 25, has repeatedly ended up in prison, following a chain of events that began with her divorcing an abusive husband when she was 15 years old. Angered by the divorce, one of her brothers stabbed and seriously wounded her.

The brother was sentenced to five years in prison, but she also ended up behind bars. Desperate to get out of protective custody, she married a 27-yearold man, only to be forced into prostitution.

Her new husband threatened to alert her brother to her whereabouts if she refused to work as a prostitute, Fidaa said in an interview at the Juweida women’s prison on the outskirts of Amman.

Fidaa complied for three years. She eventually managed to leave her husband with help from the police’s family protection unit.

OMAR AKOUR/AP Jordanian Judge Jehad al-Duradi says women who agree to marry their attackers often act out of desperation.