The Crime of Rape in Light of Algerian Law No. 24-06

Abstract

Rape constitutes one of the gravest crimes violating human dignity and one of the most harmful to social security. This has led the Algerian legislator to develop its legal provisions to keep pace with the evolution of this crime and ensure effective deterrence for its perpetrators. This was achieved through the enactment of Law No. 24-06, which amends the Penal Code to strengthen the legal framework surrounding the crime of rape by expanding the scope of criminalization and tightening penalties, while focusing on protecting the most vulnerable groups, such as minors and persons with special needs.

Studying the incriminating and punitive framework of rape has become crucial in light of contemporary challenges, particularly its connection with cases of sexual violence and the rise of digital technologies that have opened new avenues facilitating the commission of such crimes.

Social and legal concepts regarding victims’ consent have also evolved, especially concerning minors and victims of psychological exploitation. The gaps in previous legislation revealed an urgent need to update the legal texts to ensure more inclusive justice.

Accordingly, the Algerian legislator delineated the boundaries of this crime, although somewhat briefly, since no explicit definition of the criminalized act was provided, nor was the distinction between rape and similar offenses clearly stated