There appears to be no specific legal definition of domestic violence. Moroccan law and in particular Law No. 103-13 defines four types of violence: violence against women, physical violence, sexual violence and psychological violence.
It is however commonly known (Cf. UN definition) that domestic violence does refer to a pattern of behavior in any relationship that is used to gain or maintain power and control over an intimate partner. Abuse can be physical, sexual, emotional, economic or psychological actions or threats of actions that influence another person. This includes any behaviors that frighten, intimidate, terrorize, manipulate, hurt, humiliate, blame, injure or wound someone. Domestic abuse can happen to anyone of any race, age, sexual orientation, religion or gender. It can occur within a range of relationships including couples who are married, living together or dating. Domestic violence affects people of all socioeconomic backgrounds and education levels.There appears to be no specific definition, however Article 503-1-1 of the Law No. 103-13 provides that: "Anyone who persists in harassing others is guilty of sexual harassment and is punished by imprisonment for one month to six months and a fine of 2,000 to 10,000 dirhams or by either of these penalties in the following cases:
- In public or other spaces, by actions, words, gestures of a sexual nature or for sexual purposes;
- By writing, telephone or electronic messages, recordings or images of a sexual nature or for sexual purposes."
Based on the above, we understand that under Moroccan law, harassment involves persistence in (i) actions, words or gestures of a sexual nature or for sexual purposes; or (ii) writing, phoning, electronic messages, recordings or images of a sexual nature or for sexual purposes.
There is no legal definition of marital rape however as previously mentioned, marital rape was punished by the law for the first time in a decision rendered by the Tangier court in 2019.
In addition, we can note that the NHRC, in a project that aims to provide an opinion on the recently adopted law (Law No. 103-13) has amongst its recommendations proposed a definition for rape as follows: "Is considered rape: any sexual penetration, whatever its nature and purpose, committed against another person by means of violence, coercion, threat or surprise, regardless of the relationship between the victim and the perpetrator." The NHRC suggests that the aim is that this definition will also include marital rape.
Despite the pressure of the civil society, this definition was not introduced in Law No. 103-13.Domestic violence terms referred to are the following:
Violence against women
Any material or moral act or abstention based on discrimination on the grounds of sex resulting in physical, psychological, sexual or economic harm to women.
Bodily violence
Any act or abstention that causes or is likely to cause harm to the physical integrity of a woman, whoever the perpetrator, the means used to commit it or the place where it is committed.
Sexual violence
Any word or act or exploitation likely to harm the woman's bodily integrity for sexual or commercial purposes, regardless of the means used to commit it.
Psychological violence
Any verbal aggression, coercion, threat, negligence or deprivation of liberty, either to undermine a women's dignity, freedom and tranquility, or to intimidate or terrorize them.
Economic violence
Any act or abstention of an economic or financial nature that violates or is likely to violate women's social or economic rights.