Morocco extramarital cases spark questions over women’s rights

Moroccan authorities recorded more than 12,000 prosecutions for extramarital relations in 2024, prompting rights groups to question how effectively laws protect women, as reported by the Moroccan government-friendly Yabiladi and agencies on April 15th.

Data from the Public Prosecutor’s report showed 12,333 prosecutions under Articles 490 and 491 of the penal code. The provisions criminalise sexual relations outside marriage and adultery, carrying prison sentences of up to one year and between one and two years respectively.

The figures were released alongside data on violence against women, including 56 prosecutions for femicide and 639 for rape. They also included 2,568 cases of serious violence resulting in more than 20 days of incapacity, a legal threshold used to classify more severe abuse, and 8,075 cases of less severe abuse.

Authorities additionally recorded 886 cases of sexual harassment in public spaces, alongside smaller numbers of workplace harassment, defamation and breaches of no-contact orders, in cases related to the protection of women.

Laws criminalising extramarital relations in Morocco have been criticised by rights groups, who say they can deter women from reporting abuse or seeking legal protection.

Mobilizing for Rights Associates (MRA) said the data highlights a gap between punitive measures and protection, with prosecutions for extramarital relations remaining high compared with cases linked to harassment and abuse.

Saïda Kouzzi, a legal expert and founding member of MRA, said some women withdraw complaints in cases such as rape to avoid the risk of being charged under Article 490.

She added that women may face pressure to drop complaints under threat of prosecution, and that criminalising extramarital relations can obstruct access to justice for victims.

Kouzzi also said the figures raise questions about the application of Law 103.13 on combating violence against women, particularly where cases involve both allegations of violence and consensual relationships.

The NGO said the number of affected women could be higher, as some avoid legal proceedings due to the risk of prosecution linked to extramarital relations.

Morocco’s penal code continues to regulate issues related to personal conduct, alongside legislation addressing violence against women. Rights groups have called for a reassessment of how the laws are applied in practice.

Yabiladi and agencies, OHCHR, MRA, Maghrebi.org