Moroccan Court Rules: Marital Sex Cannot Be Forced, Upholding Spousal Rights

The Family Court of Rabat was seized for a rather surprising case. A husband came to ask the justice system to compel his wife to fulfill her conjugal duty. After examination, the request was rejected by the court, which justified its decision by the fact that sexual relations and what the duties of legal cohabitation require, according to Article 51 of the Family Code, are also "a reciprocal right and duty between spouses", reports article19.ma.

According to the judge, sexual relations within a couple not only have the purpose of satisfying the "instinctive and fleeting desires" of the two partners. It is also a means of communication. This is moreover the reason why "the legislator has rather associated it with the rules of good marital relations".

Samira Muheya, president of the Federation of Leagues of Women’s Rights, welcomed this court decision, which "establishes the spirit of gender equality and goes in the direction of calls to amend the Family Code in order to remove points of discrimination between the sexes".

For her, the decision establishes "the principle of consent in the marital relationship and founds it on love and respect rather than coercion", even if "Moroccan legislation does not criminalize marital rape".