By Kevin M. Mathewson
Impunity Watch Reporter, Asia

FEYDHOO, Maldives — A Maldivian court has overturned a sentence of 100 lashes for a 15 year old rape victim. The sentence sparked international outrage and focused attention on the holiday isle’s treatment of women.

The Maldives observes elements of Sharia as well as English common law.

The court ruled on Wednesday that the girl had been wrongly convicted by a juvenile court for having premarital sex. Police first investigated the complainant when it was alleged she was raped by her stepfather, but later confessed to also having consensual sex with another man.

Premarital sex is illegal in the Maldives, a popular tourist destination in the Indian Ocean.

The child’s stepfather in this case faces up to 25 years in prison if convicted of rape and a separate charge of murder, after he allegedly killed a baby as a result of his alleged rape of his stepdaughter.

President Mohamed Waheed was “overjoyed” with the High Court Decision. He said in a statement that “as sexual assaults on women and children are increasing, it is important to formulate the criminal justice system in a way to prevent further victimizing women and children.”

Maldives observes elements of Islamic Sharia law as well as English common law.

In its decision, the court said the sentence of the lower court was based on a confession that the girl made while suffering from post-traumatic stress disorder.

The London-based rights group Amnesty International, which campaigned to spare the victim, believed the girl should have never been put on trial in the first place.

“Annulling this sentence was of course the right thing to do.” Polly Truscott, Amnesty International’s Asia-Pacific director said in a statement. “We are relieved that the girl will be spared the inhumane ‘punishment’ based on an outrageous conviction.”

The UN as well as international rights groups have continuously asked the Maldives to end the “barbaric practice” of flogging women.

For more information, please see:

BBC News – Maldives girl’s 100 lashes sentence overturned – 22 August 2013

The Times of India – Maldives court quashes flogging of teenage rape victim – 22 August 2013

Yahoo! News – Maldives quashes flogging of teenager for premarital sex – 22 August 2013

South China Morning Post – Maldives overturns flogging sentence for rape victim – 22 August 2013

Author: Impunity Watch Archive