BAHRAIN’S MPs agreed yesterday to scrap a controversial clause exempting rapists from prosecution if they marry their victim.
The majority present during the weekly parliamentary session approved removing Article 353 from the 1976 Penal Code. The only exception was second deputy speaker Ahmed Qarata, who abstained.
Justice, Islamic Affairs and Endowments Minister Nawaf Al Maawada said scrapping the article would ensure that public and private justice was served.
“Rapists will not escape punishment,” said the minister. “Bahrain is a conservative Muslim society with respect shown to multiple faiths,” he said. “With social and cultural changes over time we review and update legislations accordingly.
“Our community upholds the highest values and we will stand tough against any criminal acts.”
Incidentally, the Minister told MPs that statistics provided by the Public Prosecution showed that there were no rape cases reported in Bahrain last year.
The GDN previously reported that legislators in both chambers – Parliament and the Shura Council – maintained that the loophole in Article 353 was ‘offensive and degrading’ to the status of women.
Parliament’s foreign affairs, defence and national security committee, which reviewed the draft legislation, had pushed for its approval following meetings with the ministries of Interior, Labour and Social Development, as well as the Justice, Islamic Affairs and Endowments.
Meetings were also held with the Supreme Council for Women (SCW), the Supreme Council for Islamic Affairs and the National Institution for Human Rights.
Article 353 currently states that ‘no penalty shall be imposed on a person who commits one of the crimes stipulated in the preceding articles if a valid marriage is concluded between him and the victim’.
It also states that ‘if a final judgment is issued against him before the marriage contract is concluded, its execution shall be suspended and its side effects shall end’.
Services committee vice-chairwoman Jalila Al Sayed described it as a ‘win-win situation for rapists’ and called for women to be protected from the ‘human wolves’ who rape victims knowing they will eventually get them as wives.
“The rapist escapes punishment and is rewarded with the victim as his slave,” she said. “A salute to all men – MPs and government officials – who have taken a noble stand against this unfair article.”
“Women who are subjected to kidnapping and rape are often forced into marriage to ward off shame and preserve the honour of the family,” the Government said in its written response on scrapping the article.
“The victim of rape finds herself, despite the assault on her body, facing the flogging of the family and society and she is forced to do one of two things – either marry the man who assaulted her to avoid shame and scandal, or live as an outcast bearing the burden of a crime she did not commit.”
According to Islamic Sharia Law, the validity of a marriage contract depends on consent between the two parties, with no coercion from any sides. However, in the case of marriage between a rapist and a victim, the female is forced to marry due to circumstances, making her consent coerced, thereby invalidating the contract.
The SCW was strong in its response regarding the rapists but added: “Some rape crimes – which result in pregnancy – are dealt with through the consent of both parties to preserve the identity and lineage of the child, and this is done on a case-by-case basis by the Public Prosecution.”
The matter will be now reviewed by the Shura Council and if approved will be ratified by His Majesty King Hamad.
mohammed@gdnmedia.bh
&uuid=(email))