full version - World Organisation Against Torture

Despite the lack of information concerning rape, some reports indicate acultural attitude towards this crime that focuses on its shamefulness, leadingto silence on the part of the victim about the crime. Especially if thewoman is not married, since virginity is seen as an absolute requirementto being married, raped women are often perceived as “unmarriageable.”58 The study, mentioned in the previous paragraph, reported thatmany of the respondents believed sexual violence, including rape, to bereported in most circumstances, although not by the victim herself butrather by her family members. 59 Nevertheless, the same study revealedthat most communities were unwilling to discuss sexual violence, consideringit a “shameful” topic and “against their culture.” 60 The silence withrespect to rape forces women to endure this physical and psychologicalharm alone. These attitudes may also explain the lack of informationavailable on the topic.In addition, OMCT is gravely concerned that if the perpetrator agrees tomarry the victim, all charges of rape will be dropped. 61 This method ofescaping punishment degrades the rape victim further by subjecting her tomarry her perpetrator, possibly leading to forced marriage, implies thatnon-consensual sex is permissible within a marriage relationship andallows the perpetrator to enjoy impunity. It has been noted that the originalpurpose of this provision was to protect the victim because of the stigmaattached to rape victims and their subsequent inability to find ahusband. 62 Recognizing that this article has been abused and that marriagesbetween rapists and rape victims do not last, the government hopesto repeal this provision with the passage of the new Penal Code.Violence Against Women: 10 Reports / Year 2003The Draft Penal Code envisages other changes to the law concerning rape,specifically recognizing that victims of rape can be male or female,acknowledging rape between spouses where they are separated, and providingfor a minimum sentence for the crime rather than only a maximumsentence. 63212