Gang rape in El Attaouia defendants appeal for lighter sentences despite DNA evidence

Ya Biladi

2 days ago

Last April, three men convicted in the gang rape of a 13-year-old girl in El Attaouia, a town in El Kelaa des Sraghna Province, received sentences lighter than those prescribed by law. The Marrakech Court of Appeal sentenced them to 12, 10, and 8 years in prison, along with a total compensation of 200,000 dirhams for the victim. Said Fadili, head of the El Attaouia branch of the Moroccan Association for Human Rights (AMDH), confirmed to Yabiladi on Monday that the defendants have appealed to the Supreme Court, suspending the execution of the verdict until a final decision is rendered.
Although the appeal court increased the prison terms by two years compared to the initial ruling in February, the sentences remain lenient in light of the severity of the crime, the legal provisions in place, and the aggravating circumstances. Under Moroccan law, indecent assault on a minor, particularly when committed against a person with a mental disability and resulting in childbirth, is punishable by 20 to 30 years in prison.
«That is why, both at first instance and on appeal, we argued for the maximum penalty of 30 years, as provided by the Penal Code in such cases», Fadili stated.
The association reiterated its call for «zero tolerance» for «crimes of rape, pedophilia, and the sexual exploitation of children», and emphasized the need for harsher sentences, especially since this case echoes that of a similar gang rape in Tiflet, where sentences were also revised on appeal.
«The DNA Test Must Lead to Legal Filiation»
Also contacted by Yabiladi, Omar Arbib, president of AMDH's Marrakech-Menara branch, said the NGO plans to return to court. «Yes, the appeal increased the prison terms, and the compensation for the victim was doubled. But the sentences are still below the legal minimum, especially considering the prosecution itself ordered a DNA test that linked the main accused to the newborn with 99.9999% certainty», he explained.
Now that the case is headed to the Supreme Court, the association—acting as a civil party—insists the DNA test must not serve only to identify a main perpetrator. It must also secure the civil rights of the child, including a name and legal identity.
«We will pursue legal action beyond the gang rape case to establish filiation. The outcome of this case should also recognize the rights of the mother, who is herself a minor. Meanwhile, the issue of DNA-based filiation remains unresolved in the debate around Morocco's family code reform», Arbib said.
Also serving as AMDH vice president, Arbib expressed dismay at the defense strategy. «During the trial, the main accused was confronted with DNA results confirming the link. Yet even faced with 99.9999% certainty, he completely denied paternity», he said, adding that «this is about the child's best interest».
The association believes this case should reignite a long-overdue debate around legal recognition of filiation for children born out of wedlock, especially in cases involving rape of minors.
«We're facing a clash of perspectives—between a theological view that resists DNA-based filiation, legal recommendations focused on the child's best interest, and contradictory institutional positions. But at the heart of it all is the fate of thousands of children, who risk being treated as second-class citizens», Arbib stressed.