“All persons of the opposite sex who are not related by marriage, and have sexual relations with each other, are punishable by imprisonment for one month to one year.” - Article 490, Moroccan Penal Code
Hanae, a 24 year old single mom, was sentenced to a month in prison for being a revenge porn victim. She was filmed without her consent having sexual intercourse 6 years ago and the video was largely broadcasted on the Internet. Her partner has not been charged, nor has the person who leaked the video to the messaging groups. Since then, a digital campaign led by independent apolictical group “Moroccan Outlaws'' to abolish article 490 of the penal code has been going on.
Hanae’s Story
Hanae had her first child after being raped and sequestrated when she was just 13 years old. She struggled to raise her two children without any support from her family or from the government. She was prosecuted by the Tetouan Tribunal and arrested on January 14th, 2021 for. While Hanae was serving her sentence, both of her children were bullied and not taken care of properly.
The Moroccan public opinion was mostly against her as the mentalities are still quite conservative. A woman having children outside wedlock is seen as impure and unfit.
Moroccan Context and Penal Code
In 2019, more than 15.000 people were charged under article 490 for having sexual relations outside marriage. According to the Moroccan Association against Clandestine Abortion, between 500 and 800 pregnancies are terminated illegally every day. The fear of being prosecuted for having a child outside marriage and the social stigma causes women to risk their lives everyday in barbaric and illegal abortions. Furthermore, when reporting a rape, women face the rick of being prosecuted under 490 if the rapist decreeted innocent.
The decriminalization of consensual sexual relations is necessary to protect women from the the systematic sexism of public institutions and the patriarchal mentality that prevails in Morocco. Moreover, victims like Hanae need to be legally protected by article 471 of the
penal code that punishes the dissemination of private videos without the consent of the person concerned instead of being considered criminals.
The Amnesty International submission for the UN universal periodic review (2017) suggested to legitimize consensual relations and review all laws that discriminate on the basis of gender and bring them in line with international laws and standards.
Moroccan Outlaws and Campaigning for the abolition of 490
The movement “Moroccan Outlaws” was launched in 2019 to protest against the arrest and imprisonment of a journalist who allegedly had an illegal abortion and sex ouside wedlock. She was later pardoned by the King. “Moroccan Outlaws” is led by prominent Moroccan feminist figures and . They have been campaigning for the repeal of article 490 of the penal code through #STOP490. They consider that such a liberticide law cannot be applicable in the Moroccan relatively progressive socio-economic context.
“Moroccan Outlaws” have been actively bringing the abolition of 490 forward to the political scene by asking each party to take a clear position and communicate it before the 2021 elections.
Association Marocaine de Lutte contre l’Avortement Clandestin. (2009). AMLAC. http://amlac.org.ma/ Bellouch, L. (2012). L’ Islam : Source d’inspiration du droit marocain. Repositório Científico Lusófona, 1–17. https://recil.grupolusofona.pt/handle/10437/6416 Butera, N., & Pillay, K. (2019, June). Introduction to the Moroccan Legal System. Https://Www.Nyulawglobal.Org/Globalex/Morocco1.Html. https://www.nyulawglobal.org/globalex/Morocco1.html G. (2021, February 10). #STOP490 ou quand une affaire de revenge porn révèle un problème sociétal. Fredzone. https://www.fredzone.org/stop490-ou-quand-une-affaire-de-revenge-porn-reve le-un-probleme-societal-9854
Kettani, M. E. (2021, February 7). #Stop490 : mobilisation des “Hors-la-loi” pour dépénaliser les relations sexuelles hors mariage. Lecourrierdelatlas. https://www.lecourrierdelatlas.com/stop490-mobilisation-des-hors-la-loi-pour- depenaliser-les-relations-sexuelles-hors-mariage/ United Nations High Commissioner for Refugees. (2013). Refworld | Morocco: Application of adultery laws, in particular, of Article 490 of the Penal Code and of the articles that follow it; treatment by family members and in-laws of people who commit adultery (2010-August 2013). Refworld. https://www.refworld.org/docid/53732b014.html
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