Moroccan Court Ruling Paves Way for Rape Victim’s Child to Seek Compensation

Is the right of a child born of rape to receive compensation from their biological father, outside of any legal filiation, now recognized in Morocco? After failing to win their case in the Court of First Instance of Al Hoceima and the Court of Appeal, the defense of a young mother - with disabilities - of a child born of rape has appealed to the Court of Cassation. The latter has overturned the appeal decision and ordered the case to be sent back to the Court of Appeal of Fez, along with a genetic expertise, reports Le Matin.

In its ruling issued on April 15, 2025, the Court of Cassation rejects the reasoning that the child is not legally affiliated with the perpetrator of the rape, as the baby is an indirect victim of a civilly wrongful act. The Court reminds that the judge is not bound by the legal qualification given by the parties and can redefine the legal framework of a dispute. In this case, it was not a filiation action, but a claim based on tort liability (Article 77 and following of the Dahir of Obligations and Contracts).

"The Court insists that the harm suffered by the child is real, current, and certain. It manifests in the costs of daily life - food, housing, health, education - and is long-lasting". It also considers that the child cannot be held responsible for the circumstances of their birth.

Through this decision, the Court makes monetary compensation for the child possible on an extra-contractual basis. However, it does not create a de facto legal filiation. A step is thus taken towards reforming the legal treatment of births out of wedlock at a time when several human rights associations are advocating for an expansion of protection and recognition mechanisms, particularly when these children are born from criminal acts.