A clause in the draft Domestic Violence Law which allows husbands to rape their wives with impunity should be deleted, according to the Cambodian Committee of Women (CAMBOW), a coalition of 33 Cambodian NGOs that work to advance the cause of women in Cambodia.

“Marriage is not a licence to rape, and husbands who disrespect their wives in this way should be held accountable and to the same standard as all other perpetrators of rape,” said Kek Galabru, Chairperson of CAMBOW.

Article 28 of the latest draft of the law specifies that the law’s provisions against rape do not apply in the case of marriage which would mean that marital rape (rape between husband and wife) is permitted. CAMBOW strongly disagrees with this clause as it believes a mutual respect should exist between husband and wife.

“This clause would explicitly establish in Cambodian law that it is not a crime for a man to force his wife to have sex against her will,” said Kek Galabru. “This is an unfortunate and dangerous provision in what is otherwise an important and much-needed law to help protect the rights of Cambodian women.”
CAMBOW recommends deleting the rape clause in Article 28, and inserting one that says, “the law of rape applies, no matter what the marital status of the victim or perpetrator.”

This is one of a number of recommendations made by CAMBOW on the law, which was reviewed by the National Assembly’s Commission on Health, Social and Women’s Affairs and has been submitted to NGOs for proposals. CAMBOW will submit its recommended revisions to the Domestic Violence Draft Law to the National Assembly' s Commission on Health, Social and Women's Affairs on October 8th at Inter-Continental Hotel along with nearly 45 NGOs. The Draft Law was written by the Ministry of Women’s Affairs in 1996 with significant input from civil society, was approved by the Council of Ministers prior to being sent to the National Assembly, and is scheduled to go to full debate at the end of November.

Another key CAMBOW recommendation is to change a clause in Article 7 which requires public authorities to remove victims from the place where domestic violence has occurred as opposed to removing perpetrators.
“For a woman who has been beaten by her husband to be taken from her home and forced to leave her children with the perpetrator is unacceptable,” said Sun Sothy, acting Director of Cambodian Women’s Crisis Center (CWCC).
CAMBOW believes that Article 7 of the draft domestic violence law should be changed to say that the perpetrator will be removed from the place where domestic violence has occurred instead of the victim.

Twenty five percent of Cambodian women are affected by domestic violence, including physical, sexual, verbal and emotional abuse, according to a survey by the National Institute of Statistics, Ministry of Planning and Directorate General for Health, Ministry of health in the year 2000. Society’s tolerance of domestic violence is clearly illustrated by two beliefs: the first is that domestic violence is an “internal problem,” therefore police and court officials are reluctant to interfere; and the second is the belief that rape does not exist within marriage. The problem is further exacerbated by inadequate laws pertaining to domestic violence as well as the victim’s own reluctance to alert authorities to violations because they often feel ashamed.

CAMBOW believes the draft law is a much-needed addition to the Cambodian legal system. It will give greater powers to the courts and police to protect domestic violence victims, including through the issuance of “protection orders” against perpetrators. This kind of provision exemplifies a positive and progressive action, and its drafters and proponents are to be commended for their forward vision.

CAMBOW urges the National Assembly to seriously consider the comments about the draft Domestic Violence law submitted by civil society as the law represents an opportunity for greater protection of women and children in Cambodia.

For more information, please contact:
▪ Hor Phally, Director of Project Against Domestic Violence (PADV), at 012 83 8721 or by email at padv@bigpond.kh
▪ Ly Sunlina, LICADHO’s Women’s Rights coordinator at 012 947 289 or by email at contact@licadho-cambodia.org

PDF: Download full statement