Since the outbreak of the Syrian revolution in 2011, Syrian society has witnessed profound transformations in its legal and social structure, the most prominent manifestation of which has been the escalation of gross human rights violations, most notably the crime of rape.
This crime, considered one of the most severe forms of sexual violence, has transcended the limits of individual acts in the Syrian context to become a systematic tool of conflict, used to terrorize communities, tear apart family ties, and humiliate victims, leaving long-lasting psychological and social scars.
In this article, we seek to address the phenomenon of rape in Syria from a perspective that combines legal analysis, psychological diagnosis, and social analysis, focusing on the role of family institutions in prevention and response, and presenting an integrated vision for addressing this crime within the context of transitional justice.
The Legal Framework for Rape in Syria:
Syrian law regulates the crime of rape under Articles 489 to 492 of the Penal Code, which punishes anyone who forces a person to have sexual intercourse by violence or threat with hard labor for a period of no less than five years. Despite the clarity of the text, Syrian legislation suffers from structural shortcomings in addressing sexual violence, most notably:
- The failure to include males in the definition of victims, despite documented cases of rape against men during the years of conflict.
- The difficulty of proving the crime before the courts due to the absence of prompt medical examinations, weak documentation mechanisms, and societal fear of reporting.
In contrast, international conventions, most notably the Convention against Torture and the Geneva Conventions, adopt a broader definition of rape, including any sexual act committed without free consent, and consider it a crime against humanity if committed within the context of an armed conflict.
Rape as a Weapon of War in the Syrian Conflict:
Since 2011, human rights organizations have documented thousands of rape cases in Syria, some of which occurred inside detention centers, and others during raids on villages and cities. At least 11,553 cases of sexual violence against women were documented in Syria from March 2011 to November 2024. Of these cases, the former Syrian regime forces committed more than 8,000 incidents of sexual violence, including 881 cases inside detention centers and 443 cases against girls under the age of 18.
These violations were not individual or random, but rather systematic in nature, often committed as part of a policy of collective punishment or to control local communities. These sexual assaults were part of a broader pattern of violations, including arbitrary detention, torture, and enforced disappearance, tearing apart the Syrian social fabric and leaving profound psychological and social scars. In this context, rape has gone beyond being a criminal act to becoming a tool of war, used to erode family ties, humiliate victims, and force them into silence under the weight of fear and stigma. These violations have included women, girls, minors, and even men, reflecting the magnitude and complexity of the tragedy.
Psychological and Social Effects on Victims:
The crime of rape leaves profound psychological scars, beginning with the immediate trauma and lasting for years after the suffering, or perhaps never ends. The most prominent of these effects are:
- Post-traumatic stress disorder (PTSD), which affects the victim’s ability to function, communicate, and build healthy relationships.
- Guilt and shame, as a result of the culture of victim blaming prevalent in some societies, which holds the victim responsible for what they experienced.
- Social isolation, where the victim is ostracized or forced to remain silent to preserve their “reputation,” exacerbating psychological suffering.
- Difficulty accessing psychological treatment or legal support, especially in areas outside state control or lacking effective protection institutions.Children born of rape face multiple legal and social challenges, including lack of parentage recognition, denial of citizenship, and societal stigma that can remain with them for life.
Sexual Violence Against Males and Children:
Although most reports focus on women, males have also been subjected to sexual abuse, particularly in detention centers. These cases are often overlooked due to social stigma, fear of confession, and the lack of support mechanisms.
As for children, they have been victims of rape, sexual exploitation, and forced marriage. Some girls were married at an early age under pressure of need or fear, while other children were exploited in prostitution or human trafficking networks, requiring urgent intervention from child protection agencies.
Documentation and Accountability Challenges:
Documenting rape cases in Syria faces several obstacles, most notably:
- Fear of retaliation or scandal prevents victims from reporting.
- The absence of independent judicial institutions in conflict zones.
- Difficulty accessing victims in besieged or uncontrolled areas.
- The lack of effective protection mechanisms for victims or witnesses.
Despite the efforts of some human rights organizations, documented figures remain a small fraction of the reality due to the scale of violations and their underreporting.
The Role of Family Institutions in Prevention and Protection:
In light of this reality, the role of Family Affairs Offices emerges as pivotal institutions in preventing and responding to the crime of rape. These offices can undertake several strategic tasks, including:
- Establishing psychological and social support centers for victims, providing specialized therapeutic and behavioral services.
- Providing free legal advice and accompanying victims in legal proceedings.
- Organizing awareness campaigns to change societal perceptions of victims and break the culture of silence and stigma.
- Pushing for amendments to laws to include all forms of sexual violence, including violence against men.
- Cooperating with international organizations to train local personnel on how to deal with victims and document cases in a professional manner that ensures justice.
Transitional Justice and Accountability:
In the post-conflict phase, transitional justice must be comprehensive and prioritize rape victims. This includes:
- Official recognition of violations and their documentation in transitional justice records.
- Prosecuting perpetrators before national or international courts, in accordance with international standards.
- Providing financial and moral compensation to victims, ensuring the restoration of dignity and respect.
Integrating victims into rehabilitation and economic empowerment programs to ensure their integration into society.
Justice is not just about issuing sentences, but also about restoring dignity to victims, ensuring the non-recurrence of crimes, and building a society that respects human beings, protects their rights, and guarantees their protection.
Conclusion:
Rape is a reflection of the collapse of the value system, the disintegration of institutions, and the prevalence of violence in society. Addressing this phenomenon requires a comprehensive approach—legal, social, and psychological—that begins with recognition and ends with the rebuilding of a society that respects human beings, preserves their dignity, and guarantees justice.
Therefore, in the Family Affairs Office of the Syrian Future Movement, to address the crime of rape in Syria, and based on the Family Affairs Office’s responsibility to protect the most vulnerable groups in society and promote social justice, the Office recommends the following:
First: At the Legal Level
- Amending national legislation to ensure a comprehensive definition of the crime of rape, in line with international standards, and encompassing all age and gender groups.
- Establishing specialized judicial units for sexual crimes, comprising judges, forensic doctors, and psychologists, to ensure a fair and prompt investigation.
- Repealing any legal provisions that allow impunity or reduced sentences in cases where the perpetrator marries the victim, as this constitutes a flagrant violation of human rights.
Second: At the Institutional Level
- Establishing psychological and social support centers in all governorates, providing therapeutic, legal, and rehabilitation services to survivors of sexual violence.
- Training medical and social workers on how to deal with rape victims, taking into account psychological sensitivity and privacy.
- Launching a national hotline to receive reports in complete confidentiality and provide immediate response to emergency cases.
Third: At the Community Level
- Organizing national awareness campaigns aimed at breaking the culture of silence, combating victim stigma, and promoting a culture of accountability.
- Integrate preventative sex education into educational curricula, in a manner consistent with cultural specificity, focusing on the concepts of protection and mutual respect.
- Encourage local media to cover the issue professionally, avoiding sensationalism or defamation, while emphasizing the rights of victims and the responsibilities of society.
Fourth: At the international level
- Cooperate with international human rights organizations to document violations and provide technical support in developing protection mechanisms.
- Demand that rape crimes in Syria be included in transitional justice files to ensure that impunity is not tolerated and that victims receive justice.
These recommendations affirm the commitment of the Family Affairs Office of the Syrian Future Movement to address the crime of rape as a direct threat to societal peace and an assault on human dignity. They call on all concerned parties to work together to build a safe and just environment for all members of Syrian society.