In a new comparison derived from the Public Prosecutor's Office statistics on the implementation of criminal policy, the association Mobilizing for Rights Associates (MRA) highlights the gap between the concepts of protection and punishment. It questions this disparity in light of cases of extramarital relationships, compared to prosecutions for violence against women. DR ‹ › In 2024, Moroccan authorities launched 56 prosecutions for femicide, alongside 639 for rape, 2,568 for violence against women resulting in more than 20 days of incapacity, 8,075 for less severe violence, 3,363 for threats to women's rights, 886 for sexual harassment in public spaces, 425 for defamation and privacy violations, 15 for workplace sexual harassment, and 10 for breaching a no-contact order with a victim. These figures, drawn from the Public Prosecutor's report on the implementation of criminal policy for 2024, reveal that the association Mobilizing for Rights Associates (MRA) recorded over 12,333 prosecutions under Articles 490 and 491 of the Penal Code. Article 490 penalizes sexual relations between unmarried individuals with up to one year in prison, while Article 491 mandates one to two years for adultery. Questioning the Protective Dimension A video released by the NGO as part of the «Protection not Prison» initiative underscores the stark contrast between punitive measures and protective efforts. In 2020, MRA reported 13,018 prosecutions for extramarital affairs under Article 490. That year, 46 individuals faced charges for femicide, 756 for rape, 2,034 for serious violence against women, and 505 for public sexual harassment. Over recent years, prosecutions for various forms of violence against women have slightly increased, while those for extramarital relations have slightly decreased. Saïda Kouzzi, a legal expert and founding member of MRA, notes, «We cannot definitively say if there is a real increase or decrease». «These statistics suggest that the Ministry leans more towards the Penal Code than Law 103.13 on combating violence against women, particularly in cases of extramarital relations, disregarding their context», she tells Yabiladi. Kouzzi explains that «when evidence of violence is hard to establish, many women withdraw their complaints, especially regarding rape, to avoid charges of extramarital relations». Source: Public Prosecutor's OfficeSource: Public Prosecutor's Office «This practice also reveals an insidious aspect of violence, for instance, when women are threatened with prosecution unless they drop charges they initially intended to file, be it for rape or pressure following a consensual act», Kouzzi laments, adding that «criminalizing extramarital relations obstructs justice for victims». «These situations raise questions about how effectively Law 103.13 protects women who reconsider legal action when they face the risk of being implicated in what is perceived as a moral issue». Saïda Kouzzi «In Case of Doubt, Protection Should Prevail» According to Kouzzi, «we cannot control what consenting adults do in private and claim it's a matter of public order: in consensual relationships, there is no breach of public order or victims needing intervention by the Public Prosecutor's Office». Cyber violence against women, a "silent pandemic" in Morocco However, Kouzzi explains, «the prosecutor only intervenes to verify adherence to a no-contact order when the victim reports a breach». She argues that this judicial approach «raises questions about protection, prevention, and punishment in light of Law 103.13 on combating violence against women». The legal expert suggests that the number of women affected by Articles 490 and 491 could exceed 12,333, considering those who avoid legal proceedings in cases of violence or blackmail, fearing charges related to extramarital relations. The «Protection not Prison» initiative aims to challenge the allocation of resources to consensual extramarital cases, while prosecutions for workplace or public sexual harassment remain minimal compared to the scale of the issue in society, Kouzzi emphasizes. She stresses that «these incidents occur precisely where the Public Prosecutor's Office should intervene to maintain public order».
