Saudi Gazette report

A NUMBER of legal experts have stressed the importance of the proposed anti-harassment law. They say the recent directives of Custodian of the Two Holy Mosque King Salman to criminalize harassment will ensure justice for all members of society.

The law will clearly define harassment and what actions constitute an act of harassment. An unambiguous definition of harassment will help investigators take the right decision on complaints and impose suitable punishments on the perpetrators.

Speaking to Al-Riyadh newspaper, lawyer Rana Al-Daknan said every time the public demands the authorities enact an anti-harassment law, some groups oppose such demands.

"These people claim that such a law would imply that harassment practices are widespread in Saudi society and many women suffer due to this," she said.

“I do not agree with people who oppose anti-harassment legislation on such flimsy grounds for the simple reason that the enactment of any criminal law does not mean crimes are common in society. For example, the Shariah stipulates certain punishment for theft, but it does that mean theft is common in Muslim societies," Al-Daknan said.

"People need to understand that the enforcement of law against certain crimes does not mean society is in danger because of an alarming rate of such crimes. Tying harassment with mixing of sexes is a controversial argument that does not hold much water. It is completely wrong and irrelevant.”

Today, Saudi society is in dire need for an anti-harassment law, especially after the authorities have lifted the ban on women driving in the country. "The law does not question the ethics of men," Al-Daknan said, emphasizing the fact that Saudi men in general are honest, sincere and noble.

She called for installing surveillance cameras in the streets to use the footage as evidence in case of any untoward incident.

Lawyer Bayan Zahran said the Shoura Council has discussed the importance of having a harassment law to protect members of society but no action was taken so far. "Currently, sentences for harassment are discretionary and left entirely to the wisdom of the judge. In some cases, the judge sentences a harasser to flogging or a year in prison. The sentence depends on the nature of the harm inflicted on the victim," Zahran explained.

Enactment of an anti-harassment law with harsh punishments will deter sexual predators, she said, adding that the law should protect the victim and guarantee confidentiality and privacy for women who report harassment.

Fahad Al-Osaimi, a legal affairs director at Al-Bawardi Group, said harassment practices have increased lately, especially in streets, in schools and in the workplace due to the absence of a deterrent and a clear definition of what constitutes harassment.

"Unfortunately, some men think that they have the right to harass any young woman who goes out in public wearing full make-up, not knowing that physical or verbal abuse can have a negative psychological impact on the woman," said Al-Osaimi.

“Some might say that the Kingdom implements the Shariah, which imposes harsh punishment on anyone who dare to disturb women, and therefore does not need an anti-harassment law in particular. In fact, we are in dire need of such a law to protect all members of society,” he said.

Al-Osaimi defined harassment as an act or words that the victim finds offensive and intrusive. "It could be from sexual assault to a racist remark to insult and humiliate the victim. The category of the act is determined based on the real motive of the harasser and the harm it inflicts on the victim," he said.

Some of the reasons why the concerned authorities should enforce such law include the rise in harassment practices against young women and men alike in public places, including schools and universities.

"A boy who gets harassed at school will end up having to change the school and move to another one. A female employee who gets harassed by her superior or colleague will suffer as a result but may not be in a position to quit the job because she needs it for a livelihood. This employee may feel threatened and insecure all the time because there is no law in place to protect her," Al-Osaimi said.

“Almost all harassment acts end up not being reported to the authorities because the victim believes there is no point in reporting as there is no law in place to protect her. That is why we need an anti-harassment law that makes the potential harasser think twice before getting into the act. The law will also help investigators decide whether a harassment charge is genuine or merely a malicious attempt to frame an innocent person,” he added.

Majed Garoub, a legal adviser, agreed. He said sometimes victims do not report harassment cases because there is no clear-cut punishment in the law for the criminals.

"Some women do not report harassment for fear of being named and shamed in public or because of social stigmas. This is why we need a well-defined law so that we can raise public awareness about all types of harassment and how to report them to the authorities. The law will enhance security and protect all members of society, be they citizens, visitors or expatriates, against harassment,” Garoub explained.

Dr. Abdulaziz Al-Shabrami, another legal counselor, is also of the view that anti-harassment legislation will protect all members of society, especially women who might be victimized in the workplace, school or the shopping mall, for example. "Any verbal or physical abuse should be punished in a way commensurate with the damage it inflicts on the victim," he said.

Dr. Yousef Al-Jabr, a member of the Saudi Bar Association, said victims of harassment usually feel humiliated, depressed and frustrated. An anti-harassment law will guarantee justice for the victims and deter anyone who intends to harass innocent people, he said, adding that the law should set out minimum and maximum limits of punishment, depending on the gravity of the case.

“A similar anti-harassment law was suggested by some members of the public some 15 years ago in order to protect women and children, who constitute the majority of harassment victims,” Al-Jabr pointed out.

Badr Al-Rouqi, an international arbitrator, said the proposed anti-harassment law should set out deterrent punishments, such as naming and shaming of the perpetrator in public. He stressed that the law should cover all forms of harassment, including telephone calls. He said the punishment should double in case the victim is a minor.