Mauritius criminalizes marital rape, ending spousal immunity

On July 21, 2026, the Parliament of Mauritius enacted the Criminal Code Amendment Bill, explicitly criminalizing marital rape and eliminating the legal doctrine that previously granted husbands immunity from prosecution for forced sexual acts within marriage. This landmark legislation establishes consent as a mandatory requirement in all sexual relations, including those between spouses.

Prior to this amendment, Mauritian law operated under a principle that conferred automatic sexual access rights to husbands, effectively barring prosecution for non-consensual acts within marriage. The new law dismantles this protection, aligning the legal treatment of spousal rape with that of non-spousal sexual assault.

The Criminal Code Amendment Bill works in conjunction with the Domestic Abuse Bill, a companion reform that comprehensively addresses violence within intimate relationships. The Domestic Abuse Bill recognizes various forms of abuse, including physical harm, psychological abuse, economic control, and sexual coercion, as distinct manifestations of intimate partner violence.

Authorities have framed this legislative change as a significant advancement in safeguarding women's fundamental rights to bodily autonomy and self-determination within marriage. While the legal foundation for prosecution is now established, the effectiveness of these reforms will depend on how enforcement agencies and judicial bodies interpret and apply the consent standard in the context of intimate relationships.

These legislative changes reflect a broader global trend of recognizing and addressing intimate partner violence, ensuring that all individuals, regardless of marital status, are protected under the law.