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Clause protecting rapists remains in force in two cases

16-2-2017

The Parliamentary Commission for Administration and Justice completed yesterday the review of the law petition submitted by MP Elie Keyruz and which seeks to abolish clause 522 of the penal code.  The said clause protects rapists from prosecution in case they marry their victim.  Upon the end of the session, the president of the commission, MP Robert Ghanem declared that 522 has been abolished and revisions were made to clauses 503 and 521 which relate to violation of modesty.  The said clause now distinguish between the age category of victims (less than 15 years of age, between 15 and 18, and more than 18).  Revisions were made in instating a minimum sentencing which cannot be overlooked by judges.  According to Ghanem, these clauses are now more “realistic”  and due considerations were given to Lebanese customs and traditions and all that distinguishes the Lebanese society notably in the cases of tribes and clans which remain attach to cultural traditions that are different from everybody else’s!.  However, and according to L’Orient de Jour who stated parliamentary sources, clause 522 remain in force in the case of sexual crimes namely in the case of consensual intercourse with an under-aged between 15 to 18 years of age and in case intercourse followed a promise of marriage.  In both cases, criminal prosecution of rapist may not take place.  In such cases, the file is referred to a psychologist and marriage has to be approved by the victim and her family. (L’Orient le Jour, February 16th 2017)

 

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