By Ayomide otitoju
A new legal analysis by Equality Now has revealed that Member States of the League of Arab States (LAS) are failing to adequately define, prosecute, and address rape, leaving women and girls without effective protection. The organisation is urging governments to enact comprehensive reforms and strengthen enforcement to ensure survivors gain access to justice and support.
The report, In Search of Justice: Rape Laws in the Arab States, highlights how discriminatory penal codes, narrow legal definitions, and weak enforcement perpetuate victim-blaming and enable perpetrators to evade accountability. It examines laws across all 22 LAS countries, from Algeria to Yemen, with in-depth reviews of Egypt and Lebanon showing a stark gap between legislation and survivors’ experiences in police stations and courts.
“Access to justice is hindered by excessive evidence requirements based on narrow interpretations of rape, such as requiring proof of physical force,” said Dima Dabbous, Equality Now’s Middle East and North Africa Representative. “Critically, no Arab League country has explicitly criminalised marital rape, and some still allow rapists to avoid prosecution by marrying their victims.”
Most LAS states rely on force-based definitions of rape rather than recognising lack of consent as the central standard. Many only classify vaginal penetration by a penis as rape, while other forms of non-consensual penetration are treated as lesser offences with lighter penalties. Survivors are often required to report within 72 hours, undergo invasive medical exams, and provide proof of resistance—requirements that routinely lead to dismissal of complaints.
Equality Now warns that survivors face stigma, disbelief, and procedural hurdles, while laws often frame rape as a crime against family honour or public decency rather than a violation of individual rights. In Algeria, Iraq, Lebanon, and Syria, provisions still allow perpetrators to escape prosecution by marrying their victims, despite ongoing advocacy leading to the repeal of such laws in some jurisdictions.
The report also notes that child marriage remains widespread, with some countries setting the minimum legal age of marriage as low as nine or leaving it undefined, enabling sexual violence under the guise of marriage. Marital rape remains legal across the region, with some penal codes explicitly granting husbands sexual rights over their wives.
Although a few countries have enacted domestic violence legislation, most fail to recognise rape within marriage and apply only lesser charges for physical assault. Broader gender discrimination in family laws governing divorce, custody, and inheritance further traps women in abusive relationships.
According to Equality Now, political, religious, and social factors—including reliance on interpretations of Shari’a law—continue to impede reform. Conflict situations further heighten risks, leaving displaced women and girls particularly vulnerable and with little recourse to justice.
“Sexual violence laws in Arab League countries need urgent and comprehensive reforms grounded in consent, survivor dignity, and effective enforcement,” Dabbous stressed. “Governments must act now to protect women and girls from violence and to ensure perpetrators are held accountable.”
