In a significant legal precedent, the Court of Cassation overturned the Appeals Court's decision in Al Hoceima and recognized the child's right to compensation for damages resulting from their father's rape. Human rights advocate Khadija Rabbah called for amending the laws to make genetic testing a definitive method in such cases. In a significant legal decision, the Court of Cassation ruled on April 15, 2025, to overturn the Court of Appeal's decision in Al Hoceima, which had rejected a mother's request for compensation for her son, born from a rape. The case dates back to 2023 when a mother with a disability filed a request at the Al Hoceima Court of First Instance, seeking compensation for her son, born from an unlawful relationship with her rapist, who had «exploited her mental condition». The rapist was sentenced to just one year in prison. However, the Court of First Instance rejected the mother's request, ruling that a child born from a relationship outside marriage has no legal rights to claim support from the father. Although the Court of Appeal in Al Hoceima upheld this decision, the mother remained determined. She appealed to the Court of Cassation, which made an unexpected ruling to overturn the appellate court's decision. Court of Cassation : A fair adaptation of the request and child's rights In its decision, a copy of which was reviewed by Yabiladi, the Court of Cassation emphasized that the judiciary has the authority to adapt parties' requests in accordance with the principles of justice. The court pointed out that the rapist's conviction does not absolve him of responsibility toward his biological son. It further stressed that the child should not suffer the consequences of the crime committed by his father, as this would directly harm the child, impacting his future and fundamental needs such as food, housing, and education. Based on this reasoning, the Court of Cassation decided to refer the case to the Court of Appeal in Fez, rather than Al Hoceima. The case will now be reconsidered, with a genetic test to confirm the child's paternity. If paternity is established, the father will be required to pay monthly compensation to the child to meet his basic needs until he reaches adulthood or the age of 25 if he continues his studies. Praise and Criticism The decision has been widely praised on social media, with many seeing it as an important legal precedent that strengthens justice in cases of illegitimate filiation and upholds the child's right to compensation for harm caused by unlawful actions. On the other hand, Khadija Rabbah, president of the Democratic Association of Moroccan Women, expressed dissatisfaction with the one-year sentence handed to the defendant, calling it insufficient. She argued that this sentence reflects a lack of genuine criminal justice for women. Rabbah emphasized the need to view the ruling from two angles: first, it is an unusual judicial precedent that opens the door for significant legal interpretation, which should be incorporated into legislation. However, the question remains: Will it remain just an interpretation, or is it time to recognize genetic testing as a fundamental tool in such cases? She advocated for genetic expertise to be a permanent feature in resolving these cases, stressing it as an essential step toward reforming the Family Code. «We support the permanent adoption of genetic expertise, and we do not want it to remain just a judicial interpretation», she said. «In this case, the judge ordered a genetic test, but in other cases, it may not be adopted». The human rights activist also reiterated the necessity of amending the Family Code and the Penal Code to align with international standards that prioritize the rights of victims and ensure they receive fair redress.
