The Moroccan Court of Cassation has issued a groundbreaking decision, allowing a child born of rape to claim compensation without establishing a legal parentage, marking a turning point in civil law.
In response to a complaint filed by a young disabled mother seeking compensation for her son born as a result of rape, the Moroccan court issued the decision that could mark a milestone in the development of civil law in Morocco.
In a ruling handed down on April 15, the Court of Cassation opened the possibility of financial
compensation for a child born of rape. This precedent has been welcomed by human rights defenders.
After failing to win her case before the Al Hoceima Court of First Instance and then on appeal, the young woman brought the case before the Court of Cassation.
The latter overturned the appeal ruling and ordered the case to be referred to the Fez Court of Appeal, along with the conduct of a genetic analysis. In its judgment handed down on April 15, 2025, the court rejected the argument that the child was not legally related to the perpetrator of the rape.
It considered the baby to be an indirect victim of a civil tort.
The High Court emphasised that the judge is not bound by the legal classification given by the parties and may redefine the legal framework of the dispute.
In this case, the claim does not involve an action for filiation, but rather an action based on tort liability as provided for in Article 77 of the Dahir of Obligations and Contracts.
The court emphasised that the harm suffered by the child was real, current, and certain, manifesting itself in particular in the costs of daily life such as food, housing, health, and education. It specified
that the child could not be held responsible for the circumstances of his or her birth. With this decision, the Court of Cassation opens the possibility of financial compensation for the child on an
extra-contractual basis, without creating a legal filiation relationship.
This jurisprudential step comes at a time when several human rights groups are calling for a comprehensive reform of the legal treatment of children born out of wedlock, particularly when their
birth is the result of criminal acts.
SL/ac/Sf/fss/as/APA