Okaz/Saudi Gazette

DAMMAM – Legal experts including former judges have opposed the move to give new interpretations to sexual harassment. The exchange of symbols of love and expressions such as “fidaki” on social media networks should not be considered as harassment, they added.

Lawyer and legal consultant Khaled Al-Babtain has, however, a different view. He believed that exchange of emojis representing love and kiss between members of the opposite sex would have sexual connotations if they are not in marital relationship to justify the action.

“The exchange of love symbols could have criminal intentions,” Al-Babtain said, adding that individuals who exchange such symbols could face punishment specified in the anti-harassment law.

But Dr. Saleh Al-Shabrami, a former judge, rejected attempts to stretch the anti-harassment law. “Laws in the Kingdom are enacted to improve the condition of people, protect their rights, prevent injustice and hold individuals responsible for their criminal actions,” he explained.

“We should not extend the framework of such criminal laws in order to put pressure on people because it violates the objectives for which the experts have prepared the law,” Al-Shabrami told Okaz/Saudi Gazette.

However, he stressed that if an action fits the material and moral aspects of a crime the perpetrator would be punished in accordance with the law.

Yousuf Al-Jaber, another former judge and legal practitioner, said the lawmakers would always have good intentions while enacting a law. “An accused will be considered innocent if the court fails to prove otherwise. This is the fundamental principle of any judicial system,” he added.

“Suspicion will not be enough to convict a person,” Al-Jaber told Okaz/Saudi Gazette. “There should be at least one piece of evidence to incriminate a suspect,” he said.

Some countries such as Canada, Australia, France and the US have explained the definition of sexual harassment in their school curricula for students to keep away from such practices. For them every word or action or sign having sexual connotations is considered harassment. It can be done either by touching the body, violating honor or offending decency and morality.

“In countries like Norway and Denmark, lawmakers explained the features of actions that could be termed sexual harassment,” Al-Jaber said.

Instead of expanding or narrowing the framework of harassment, he said experts should think about the philosophy behind the anti-harassment law. It’s a crime that involves causing physical and mental harm and its victim will not find solace or security, he added.

“Harassment victims also suffer disrespect, humiliation, fear and violation of honor,” he explained.

The anti-harassment law aims to protect the rights of human beings, their health and honor and safeguard their dignity. Harassment violates all these rights. A judge will have the power to reach a conclusion whether such activities amount to harassment or not, he added.

Lawyer Fahd Barabae said the law was enacted not only to impose punishment but also to prevent crimes in society. “Before giving punishment the law tries to prevent occurrence of crimes,” he said.

He refuted suggestions that exchange of symbols of love and kiss through social networking sites would come under harassment and said a crime should have its material (physical) and moral (intentional) aspects. The text of the law does not that such symbols would be considered sexual harassment, he pointed out.

"The objective of the law is very clear. It is to prevent a crime before it takes place. So we should not stretch the law by giving it unnecessary interpretations. I don’t think our judges will have the time to take up cases related to emoticons and love symbols that are exchanged through social media," he added.