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Despite efforts to improve support for rape victims, including minors and people with disabilities, the sentences handed down often remain below what the law provides for. This week, a court in Beni Mellal sentenced four men to five years in prison for the gang rape of a 24-year-old woman with a mental disability who became pregnant. The victim had reportedly already been raped in 2018 by one of the same defendants and gave birth to a first child, but is said to have accused someone else at the time out of fear of reprisals.
Under the Penal Code, such offences are considered aggravated when the victim, whether a minor or an adult, has a physical or mental disability, and in cases involving the loss of virginity or pregnancy. Defendants face heavy penalties ranging from 10 to 20 years in prison, and up to 30 years in some cases. Similar cases in recent years have followed a comparable pattern.
Last year, the criminal chamber of first instance at the Marrakech Court of Appeal sentenced three men to between six and 10 years in prison for the gang rape of a minor with a mental disability in El Attaouia. The appellate court later increased the sentences to between eight and 12 years, Yabiladi learned from the local branch of the Moroccan Association for Human Rights (AMDH), which joined the case as a civil party. The victim gave birth following the assault.
In 2023, the gang rape of a minor in Tiflet and the lenient first-instance sentences handed down to three men, who each received two-year prison terms, became a major media case. The Rabat Court of Appeal later revised the ruling, sentencing the defendants to between 10 and 20 years in prison. The victim, who was 11 years old at the time and gave birth after the rape, was supported by the Insaf association and lawyer Mohamed Sebbar.
Similar cases, uneven verdicts
Commenting on the severity of sentences and the public attention surrounding such cases, Najat Anwar, president of the NGO Touche pas à mon enfant, told Yabiladi that «the protection of children and vulnerable people must never depend on how much media coverage a case receives».
«It is true that some cases that sparked strong public mobilization led to harsher rulings on appeal. But justice must apply the law with the same rigor in every case», she said.
«When it comes to rapes committed against minors or people with mental disabilities, the seriousness of the acts and their consequences for victims require strong and consistent criminal justice responses», she added.
Also contacted by Yabiladi, Omar Arbib, president of the AMDH branch in Marrakech-Menara, which acted as a civil party in the El Attaouia rape case, said that «the first problem lies in the law itself: the Penal Code defines rape, or indecent assault, as something that can be committed with or without violence». According to the activist, «this contradicts international standards, whose underlying principle is that any sexual exploitation is a form of violence».
«This distinction opens the door to reduced sentences, as though the victim had consented to the main act being prosecuted», he explained. Regarding the El Attaouia case, Arbib said the appeal trial made it possible to secure sentences in line with the minimum penalties provided for under the Penal Code. However, «the DNA test that proved the biological link between the child born of this rape and one of the defendants was not taken into account by the courts to establish filiation that would guarantee the newborn’s rights».
The activist also referred to the case of the rape of a 14-year-old girl by a Kuwaiti national in Marrakech. «He used conditional release to leave the country and therefore remain unpunished. The case lasted five years. The family dropped the complaint, but we maintained it as a civil party. In the end, after around 30 hearings held in his absence, he was sentenced in absentia to five years», Arbib said.
«If parents or guardians withdraw a complaint, we recommend that the judge assume responsibility for the minor until the trial reaches its conclusion. We also insist on an explicit definition of child sexual crime in a Penal Code that clearly treats pedophilia as a crime punishable by heavy sentences, starting at 25 years…» he added.
Even so, Arbib stressed that «it is not enough to hand down exemplary verdicts. Victims must also be supported, as they may develop destructive behaviors because of a sense of injustice and unresolved trauma that could fuel a desire for revenge against themselves and society».
Calls for stronger protection
For her part, Najat Anwar stressed that «sexual crimes committed against minors or vulnerable people require exemplary firmness, especially when aggravating circumstances are present». On the role the Public Prosecutor’s Office can play in ensuring that the penalties and procedures provided for by law are upheld, she said the institution «plays an essential role in protecting victims and defending the public interest».
«It is important that the sentences handed down be consistent with the seriousness of the acts and with the protective spirit of the Penal Code, in order to strengthen victims’ trust in the justice system and send a clear message against impunity», she added.
In Morocco, there are also many support units for women and children who are victims of violence, Omar Arbib pointed out. «They operate within the police, hospitals and courts, but they remain unknown to a large part of the public», he lamented.
«It is imperative to raise awareness of these structures, make their involvement systematic in cases of sexual abuse, rape or exploitation, and thereby streamline procedures, without waiting for complaints from families or associations», he added.
In this context, many victims «live in fear, silence and under social pressure, particularly in rural or isolated areas: some fear reprisals, family rejection or the lack of real protection», Najat Anwar noted. Her NGO believes it is «essential to strengthen psychological, legal and social support from the very first reports».
Along the same lines, Arbib called for «a systematic procedure guaranteeing access to justice for the most disadvantaged, especially since many victims’ families do not have access to the courts and cannot even afford the 500 dirhams required for civil proceedings».
According to Najat Anwar, «protection mechanisms must also be brought closer to rural areas, the effective implementation of the measures provided for under Law 103.13 on violence against women must be strengthened, and awareness-raising campaigns must be developed so that victims know they are not alone in facing their aggressors».
