Lenient sentences for child sexual abuse in Morocco spark fury and demands for change

In recent months, a string of lenient sentences issued by the Moroccan courts against those found guilty of raping children and minors has re-sparked furious public debate over Morocco's penal system and how effective its penalties are in terms of reducing such crimes and curbing the severe negative impact they have on the victims and society more broadly.

The discussion also went into the role the legal system and judiciary play in protecting victims – when some of the sentences issued by courts have been described as "shocking" and "a second rape for the victims".

On 20 March 2023, three individuals found guilty of raping an 11-year-old girl from Tiflet city were given shockingly light sentences: one received a two-year prison sentence and the other two received 18 months, causing widespread public fury at what Moroccan activists referred to as "a scandal of lenient preliminary sentences". The sentences were then raised at the appeals court following the public outcry to 20 years and 10 respectively.

"In recent months, a string of lenient sentences issued by the Moroccan courts against those found guilty of raping children and minors has re-sparked furious public debate over Morocco's penal system and how effective its penalties are in terms of reducing such crimes"

Light sentences raise alarm

Public outrage had hardly begun to calm over the incident before two other chilling cases hit the headlines - six adult men accused of gang raping a 15-year old in Tata (southeastern Morocco) were given just one-year sentences, and another charged with raping a girl from Imintanoute town was given just eight months.

The light sentences outraged Moroccan civil and human rights organisations, the most prominent of which is "Matqish Waladi" ("Don't Touch My Child") which has raised the alarm regarding the current legal situation in the country.

The organisation called on all state institutions and civil society and rights groups to "hurry up and act to end the unjust sentences which are giving perpetrators hope that they will be able to carry out their despicable acts comfortably and freely, with no fear of harsh punishment".  

What lies behind judges' decisions?

In a statement on 5 June, Matqish Waladi raised questions about what lay behind the Moroccan judiciary's lenient sentences against child rapists.

They fiercely condemned the "unjust" sentences which they stressed "will have severe psychological ramifications for the victims and their families". They also called for a review of the Moroccan Penal Code, and for 20 years' imprisonment to be the minimum sentence given to those who rape children and minors – and that this should not be open to any reduction in any circumstances.

Hanane Rahhab, a member of the Socialist Union of Popular Forces, a Moroccan political party, spoke to Al-Araby Al-Jadeed, The New Arab's Arabic-language sister edition. She said: "The rising incidence of sexual assaults against minors points to a social sickness which encompasses values and upbringing, and it has become clear that these assaults are happening across various social, cultural and class circles, which means that the phenomenon has penetrated the whole society".

"One reason is that many judges are ignorant on the provisions of international conventions which Morocco has ratified and which relate to the rights of the child"

Responsibility lies with judges

However, Rahhab points out that most penalties for crimes of this nature are severe – but the public notices those which are lenient because they are unacceptable and shocking.

She stresses the importance of societal vigilance, which "is apparent in how widely condemned these sentences […] were" and spoke about the reasons behind the exceptionally lenient sentences.

She believes one reason is that many judges are ignorant on the provisions of international conventions which Morocco has ratified and which relate to the rights of the child, and also that some judges deal with these cases based on very culturally conservative backgrounds "whereby they look at children and minors as mature adults bearing responsibility for their behaviour," she added.

Rahhab added that sometimes the judiciary has even tended towards showing sympathy for the perpetrators of rape, especially if they have no previous criminal record, and will take "mitigating factors" into consideration, such as the negative impacts suffered by the defendant through "difficult life circumstances".

Rahhab believes the law isn't primarily to blame for the lenient sentences, "although some of the legislation around sexual crimes really does need improving and amending to adapt to international human rights standards and to confront the new types of sexual crimes being committed, which are linked to using modern technology."

But, she adds, the laws in place do contain severe penalties, and that the Supreme Council of the Judicial Authority and the Public Prosecution have confirmed the need to show strictness when dealing with these crimes.

"Responsibility lies primarily with the judges themselves who are issuing unacceptable sentences without taking into consideration legal, human rights and ethical implications and ignoring that these crimes are also rejected by religious and societal norms"

"This means responsibility lies primarily with the judges themselves who are issuing unacceptable sentences without taking into consideration legal, human rights and ethical implications and ignoring that these crimes are also rejected by religious and societal norms."

Weaknesses in Morocco's Penal Code

Khaled al-Sharqawi al-Sammouni, Chair of the National Centre for Combating Violence and Child Abuse, views the situation differently.

"Although Morocco has joined international agreements for the protection of childhood […] at the forefront of which is the Optional Protocol to the Convention on the Rights of the Child, signed in New York on 25 May 2000, and which deals with the sale of children and their exploitation in prostitution and the production of pornographic materials, national legislation has not kept up with these agreements, which necessitates a review of the Penal Code, especially articles related to violence and child abuse."

He believes the rise in sexual assaults against children stems from "the weakness of the legal system around child protection".

Besides many lenient sentences given to those proven involved in child sexual abuse or other violence against children, some have even been acquitted due to "lack of evidence", he says.

Sammouni says penalties against those who sexually abuse children need to be more severe which entails a need to change Section 486 of the Penal Code, in order to raise the punishment for anyone who sexually assaults a child to 10-15 years in jail. If violence or coercion has been used the sentence should be 15-20 years and if the child is physically or mentally disabled the sentence should be 20-30 years, he says, and the punishment must be severe if the aggressor is related to the victim, or has authority or guardianship over them.

"The lenient sentences against individuals proven to be involved in sexual abuse of children and minors sends a message which reassures child rapists, who won't hesitate to reoffend"

Sammouni emphasised the law should act as "a bulwark against crimes by striking with an iron fist anyone who rapes a girl or boy, to pave the way towards ending all disgraceful behaviours that violate the dignity of childhood, and act to deter any kind of sexual exploitation of minors."

He demands a specific law be established relating to child abuse, and to define all acts which come under the scope of sexual assault, without labellling them under the vague term "indecent assault" as is currently the case. The police should set up a specialised department with members that have an in-depth knowledge and experience in psychology, and skills in how to question child victims, in order to carry out detailed investigations into sexual crimes against children.

Some of the regulations in place around how data can be collected need to be relaxed, he adds, in order to widen the ability of investigators to collect vital information as more flexibility is needed to adapt to the changing nature of abuse.

Lenient sentences won't act as deterrent

Abdelali Errami, chair of the Children's Forum Association in Morocco said: "The lenient sentences against individuals proven to be involved in sexual abuse of children and minors sends a message which reassures child rapists, who won't hesitate to reoffend, so long as violating childhood doesn't cost them more than light penalties".

Errami stressed that the psychological aspect must not be forgotten in rape cases, adding: "No one wonders, after the verdict, whether the child will be given psychiatric treatment" and called for psychological follow-up, "because leaving the victims with scars from what they have suffered could lead to the aggravation of their psychological situation, which could lead them to think about taking their revenge on society".

This is an edited translation from our Arabic edition with additional reporting. To read the original article click here.

Translated by Rose Chacko

This article is taken from our Arabic sister publication, Al-Araby Al Jadeed and mirrors the source's original editorial guidelines and reporting policies. Any requests for correction or comment will be forwarded to the original authors and editors.

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