Jordan: The penalty for rape; legal penalties for failing to complete a court-ordered probation, where, and if, that is the sentence

Marital rape in Jordan is legal (Country Reports 2002 31 Mar. 2003, Sec. 5). The punishment for non-marital rape is the death penalty (AP 7 Feb. 2002; ibid. 27 July 2001). This includes the rape and sodomy of a child under the age of 15 years (Country Reports 2002 31 Mar. 2003, Sec. 5; InfoProd 24 Mar. 2003).

The International Women's Rights Action Watch (IWRAW), drawing on a 1996 United Nations Development Program/United Nations Children's Fund (UNDP/UNICEF) report on the implementation of the International Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) in Jordan, and a report on the status of women in Arab countries presented at a 1999 conference in Lebanon, observed that

In the case of rape, cultural and social traditions coupled with inadequate laws inform discriminatory legal practices ... [T]he effect of violence against a kidnapped or raped woman is exacerbated by the practice of dropping the prosecution if the perpetrator agrees to marry his victim. The right to prosecute is re-established if he divorces her before the passage of three years of marriage without legitimate grounds, in accordance with Article 308 [of the Jordanian Penal Code]. The perpetrators usually agree to marry the victim, to evade punishment, without the goal of building a family (n.d.).

It is also relevant to note that honour killings occur in Jordan, and, as a result, "[w]omen may be killed by a family member for violating sexual norms, or for being victims of rape, incest, sexual abuse or sexual rumour" (Equality Now Nov. 2002). According to Equality Now, "an international human rights organization dedicated to action for the civil, political, economic and social rights of girls and women" (n.d.), articles 97 and 98 of the Jordanian Penal Code provide for a reduction in penalty when a crime is committed in a "fit of fury" or when it is "'provoked'" (Equality Now Nov. 2002). Provocation can include a female relative's acts that are thought to bring shame to her family (ibid.).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.

References

Associated Press (AP). 7 February 2002. John Halaby. "Five Convicted Murderers Hanged in Jordan." (NEXIS)

_____. 27 July 2001. Zeina Karam. "New Capital Punishment Law Puts Lebanon Ahead of Many Arab Countries." (NEXIS)

Country Reports on Human Rights Practices for 2002. 31 March 2003. United States Department of State. Washington, D.C. [Accessed 29 Apr. 2003]

Equality Now. November 2002. "Jordan: National Efforts to Confront 'Honor Killings' and to Protect Women from Violence." [Accessed 30 Apr. 2003]

InfoProd. 24 March 2003. "Jordan: Death Sentence for Child Rapist." (Global News Wire - Asia Africa Intelligence Wire/NEXIS)

International Women's Rights Action Watch (IWRAW). n.d. "Status of Women in Jordan Under Specific CEDAW Articles." [Accessed 29 Apr. 2003]

Additional Sources Consulted

The Embassy of Jordan, in Ottawa, did not respond to a letter requesting information within time constraints.

World News Connection

Internet sites, including:

Amnesty International

BBC

European Country of Origin Information Network

Freedom in the World Report 2001-2002

Human Rights Watch World Report 2003

Jordan Times

United Nations Division for the Advancement of Women

United Nations High Commissioner for Refugees (UNHCR) - Country of Origin and Legal Information

Search engine:

Google