Rape in Belgium

Rape in Belgium is defined by Article 375 of the Penal Code as "any act of sexual penetration, of whatever sort and by whatever means, committed on a non-consenting person".^[3][4] Marital rape is also illegal under this law.^[3]

Apart from criminal proceedings, committing marital rape has also consequences in a divorce case. The new amendments to the Civil Code regulating marriage and divorce, that came into effect in September 2007, state that any of the spouses, following a divorce, may receive alimony if they need the money, but a spouse who has committed rape or other violent crimes against the other spouse cannot receive alimony. Article 301 reads:

The court may refuse to grant the application for a alimony if the defendant proves that the applicant has committed a serious offense that rendered it impossible to continue living together. Under no circumstances will alimony be given to a spouse who was found guilty of an act referred to in Articles 375, 398-400, 402, 403 or 405 of the Penal Code, committed against the person of the defendant, or an attempt to commit an act referred to in Articles 375, 393, 394 or 397 of the Code against the same person.^[5]