Reports
Forced Child Marriages and Sexual Violence: Legal Failures and Impunity Across Africa
- Middle East & Africa Team
- 30 July 2026
- Africa, Child Marriages, Marry-Your-Rapist Laws, Sexual Violence
While efforts have been made to change legal frameworks and harmful practices across the globe, several African states still permit marriage between the victim of rape and her perpetrator as a “get out of jail free” card. Child marriage as a result of rape not only violates girls’ right to autonomy and to make their own choices, but also impacts many other aspects of their lives.
This report explores child marriages as a result of rape in Africa. It examines the international and regional legal framework on violence against women and girls, challenges in its implementation such as force-based definitions of rape, and “marry-your-rapist” laws and customs in Algeria, Equatorial Guinea, Ethiopia, Gabon, Libya and South Africa, before assessing the human rights implications for girls’ health, education, economic situation and exposure to violence and abuse.
This report explores child marriages as a result of rape in Africa. It examines the international and regional legal framework on violence against women and girls, challenges in its implementation such as force-based definitions of rape, and “marry-your-rapist” laws and customs in Algeria, Equatorial Guinea, Ethiopia, Gabon, Libya and South Africa, before assessing the human rights implications for girls’ health, education, economic situation and exposure to violence and abuse.
✨ AI summary
This report finds that, despite clear obligations under international instruments such as CEDAW and the CRC, as well as regional protocols, inconsistent domestic legal frameworks across Africa continue to leave children unprotected. Weak implementation of existing laws, cultural barriers, force-based rather than consent-based definitions of rape, marital rape exemptions and provisions allowing perpetrators to avoid prosecution by marrying their victims enable impunity and turn sexual violence into a pathway to forced marriage. Extreme poverty and cultural and religious beliefs further sustain child marriage, while conflict increases girls’ exposure to rape and other forms of sexual violence. These legal and social failures deprive girls of bodily autonomy and undermine their rights to education, health, equality and freedom from violence. The report recommends prioritising access to free education, pairing legislative reform with awareness campaigns involving community and religious leaders and civil society, adopting consent-based definitions of rape, repealing remaining laws that allow perpetrators to escape criminal liability, and strengthening international monitoring mechanisms to reinforce accountability.
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