Annual Report 2013
The state of the world's human rights

21 August 2013

Maldives: Girl rape victim to be spared outrageous flogging sentence

Maldives: Girl rape victim to be spared outrageous flogging sentence
Last February a juvenile court in the Maldives sentenced a 15-year-old rape survivor to 100 lashes and eight months house arrest for “fornication”.

Last February a juvenile court in the Maldives sentenced a 15-year-old rape survivor to 100 lashes and eight months house arrest for “fornication”.

© LAKRUWAN WANNIARACHCHI/AFP/Getty Images


Annulling this sentence was of course the right thing to do. We are relieved that the girl will be spared this inhumane ‘punishment’ based on an outrageous conviction, which we hope has also been quashed.
Source: 
Polly Truscott, Amnesty International’s Deputy Asia-Pacific Director.

A flogging sentence against a 15-year-old rape victim in Maldives has been annulled, but the girl should never have been prosecuted at all, Amnesty International said.

A Maldives High Court today quashed a sentence of 100 lashes and house arrest against a 15-year old girl for the “offence” of extra-marital sex. The girl, who was convicted of “fornication” in February this year, had reportedly also been sexually abused repeatedly by her step father.

“Annulling this sentence was of course the right thing to do. We are relieved that the girl will be spared this inhumane ‘punishment’ based on an outrageous conviction, which we hope has also been quashed,” said Polly Truscott, Amnesty International’s Deputy Asia-Pacific Director.

“No one should ever be prosecuted for sex outside marriage in the first place. And victims of sexual abuse need counselling, not punishment. The government must make sure that she has continuing access to appropriate support services.

“Flogging violates the most basic standards prohibiting torture and other cruel, inhuman and degrading treatment. The Maldives authorities must comply with their international law obligations. This means urgently establishing a moratorium on flogging, annulling all outstanding flogging sentences, and making sure that the penal code does not permit prosecution or punishment for ’fornication’.”

Prosecutions for ”fornication” violate individuals’ rights to privacy and freedom of expression, and bodily autonomy. They are used disproportionately and discriminatorily against women in Maldives.

Background
The girl was first arrested in June 2012, after the body of a baby she had given birth to was found buried outside her home on Feydhoo island. The girl’s step-father has reportedly been charged with sexual abuse and murder, and her mother for concealing a crime.

A juvenile court in the Maldives capital, Malé, on 25 February 2013 sentenced the girl to 100 lashes and eight months house arrest for “fornication”. The court said the ruling was unrelated to the sexual abuse by the step father.

In 2009, at least 180 people faced the punishment of flogging for “fornication”. Some of them have been survivors of rape and other forms of sexual abuse. During its April 2013 visit to Maldives, Amnesty International met a woman and a girl who gave personal accounts of having been subjected to this treatment.

Media reports indicate that almost 90 per cent of the individuals convicted of “fornication” in Maldives in 2011 were female.

Country

Maldives 

Region

Asia And The Pacific 

Issue

Women 

@amnestyonline on twitter

News

31 October 2014

UN peacekeepers and the Congolese authorities must act urgently to protect civilians from a spate of sporadic attacks by armed rebels which has left at least 100 dead in... Read more »

30 October 2014

The fourth anniversary of the killing of an outspoken community leader in Maranhão state must be a wake-up call to the Brazilian government to urgently address increasing... Read more »

29 October 2014

The death sentence against a leading opposition figure in Bangladesh for war crimes will not bring justice to the millions of victims of the independence war.

Read more »
30 October 2014

 The onus is on the UK government to answer allegations for its role in the Abdul Hakim Belhaj rendition case.

Read more »
30 October 2014

Lawless militias and armed groups on all sides of the conflict in western Libya are carrying out rampant human rights abuses, including war crimes, according to a new... Read more »