it’s been really triggering to be on twitter but i am so thankful for our women and their courage to speak up. we love you, we believe you and we wish we had half the bravery that you do #orangetheworld
i’m also happy that #إلغاء_المادة_٣٥٣ is trending again. there’s no clearer local evidence that all feminist issues/endeavors are inherently political.
the specific wording of Article 353 of Law (15) of the (1976) Bahraini Penal Code
for over a year i’ve been studying this case closely, trying to create a timeline, and to understand the policymaking process behind it so here’s a few facts & thoughts:
1) according to the SCW data: from 2010 to 2014, only 1 out of 24 cases of reported rape involved Article 353 being used in court #إلغاء_المادة_٣٥٣
however, abolishing this article would symbolize recognition that rape survivors should not be less privileged in their rights than the perpetrators. it would also enable survivors to seek legal protection. #إلغاء_المادة_٣٥٣
2) in 2011, the SCW proposed a partial amendment to Article 353 that guarantees that an offender will remain married to the survivor for at least 5 years in order for him to be exempted from punishment.
however, the Legislation and Legal Opinion Commission has rejected this proposal claiming that it is incompatible with the husband's right to divorce according to the Islamic Sharia. 🙂
3) in May 2015, MP Mohammed al-Ma'arafi submitted a bill to fully repeal Article 353 of the Bahraini Penal Code. https://alwatannews.net/article/528622/ المعرفي-يقترح-عقاب-المغتصب-بعد-زواجه-من-الضحية-
4) in 2016, the Foreign Affairs, Defense, and National Security Committee at the Council of Representatives recommended an approval of the repeal. however, the proposal was tabled for a while.
5) a number of CSOs were triggered to start a campaign to demand the full repeal of the article. #إلغاء_المادة_٣٥٣
6) in early 2018, the Council of Representatives put the issue back on the agenda for discussions. this ended by the approval of the full repeal of Article 353 in March 2018. #إلغاء_المادة_٣٥٣ https://alwatannews.net/article/765496/Bahrain/بن-حويل-الخارجية-تلغي-المادة-353-من-قانون-العقوبات
8) providing legal tools to protect women from all forms of violence is crucial for the success of women’s economic and political empowerment programs/policies #إلغاء_المادة_٣٥٣
9) i personally couldn’t find a clear definition of the crime of (rape) in local legislative literature (which explains the reliance on judicial discretion)- please share the definition with me if you think otherwise
10) the terms اغتصاب/rape and زنا/adultery/fornication are sometimes used interchangeably in the Bahraini Penal Code.
11) the Code refers to the traditional Islamic punishment of زنا/adultery in the context of rape.
12) the article is inapplicable in cases of familial or spousal rape.
13) finally, opponents of the repeal base their arguments on the assumption that women, in all circumstances, are free to choose whether or not to marry their rapists
(a position that totally disregards familial or societal pressures that force women to resort to the marriage option)
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