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    26-Apr-2017

Doing away with a stain - Editorial, The Jordan Times

 

 

The government’s decision to repeal the obscene Article 308 of the Penal Code, which absolves a rapist of his crime if he marries his victim and stays married to her for five years, is a most welcome, if long overdue, step.
 
Human rights activists at home and abroad have been calling for such amendment for years, but supporters of the article have long claimed that “it is meant to protect the honour and reputation of the victim”.
 
Strange reasoning, indeed, when in many societies, using a totally warped reasoning, a rape victim is stigmatised forever.
 
The fact that officials at last recognised how inane the article was is good, but why was such a provision made in the law in the first place?
 
Why would the victim of rape have to endure five more years of the same to help the molester escape punishment? 
 
Now the Cabinet must refer its decision to Parliament to enact the necessary amendment to the criminal law.
 
Having finally seen how wrong the initial judgevment was, what a gross injustice to the victims of rape, the executive and legislative branches of government must now continue the corrective steps by taking other judicious decisions.
 
Like criminalising marital rape, quite common in developing countries where the man can oblige his wife to submit to his dictates against her wish.
 
Under current international jurisprudence on human rights, marital rape is considered as objectionable as ordinary rape and specifically forbidden.
 
Countries that still condone marital rape or do not even recognise this phenomenon are constantly called upon to amend their relevant laws and criminalise it.
 
The removal of Article 308 of the Penal Code was part of amendments the government introduced to the code in response to recommendations by a Royal panel concerned with judicial reform.
 
The amended draft law also stipulates more severe punishments against sports hooliganism, another long overdue measure, forging official documents, violations against water sources and attacks targeting worshipping places, and seeks to enhance the legal protection of women, children and persons with disabilities against whom crimes are committed, all good steps in the right direction.
 

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