Morocco’s Highest Court Overturns Marital Rape Conviction, Sparking Debate

This case, which dates back to 2019, had initially been dismissed by the first instance, before being relaunched by the Court of Appeal. The latter had found the husband guilty of "marital rape" and "serious assault" on his wife.

On October 10, the Court of Cassation quashed this conviction and referred the case back to the Tangier Court of Appeal. This decision is part of a context of debate in Morocco on the issue of marital rape. In recent years, several similar cases have been brought before the courts.

In 2022, the Tangier Court of Appeal had notably convicted a man for rape and sexual assault with violence on his wife, under Articles 485 and 486 of the Penal Code.