Parliamentarian calls for toughening penalties of anal rape

CAIRO – 17 December 2017: New amendments to rticle 267 of the penal code was proposed by parliamentarian Mona Mounir Rizk to toughen penalties against anal and oral rape, which were not legally considered "rape" but "indecent assault".

The article currently refers to rape as “whosoever has sexual intercourse with a female without her consent.” It defines rape as penile penetration of the vagina and does not include rape by fingers, tools or sharp objects, oral or anal rape. The two last forms of rape are defined in Article 268 as “indecent assault” which have far less severe penalties.

Another amendment was proposed recently stating that if the rape victim is under 18 or has a mental or psychological disorder, the rapist would be sentenced to death. However, if the rape victim is over 18, the rapist will be sentenced to death or life in prison, depending on the court's ruling. Also, the code stipulates that a rapist will face the death penalty if rape is followed by murder. If the rapist is a minor, the maximum punishment they face is 15 years in prison.

The new amendments aim to make rape a legally unforgivable crime, hoping to put a stop to the surge in rape cases plaguing the country.

The amendments also suggest harsher punishment for harassers. Harassers who attack women in private or public spaces by stalking or via requests for sexual favors, as well as other verbal or physical conduct of a sexual nature, would face imprisonment for a period no less than one year and/or a fine of no less than LE 10,000 and no more than LE 20,000.

Under the amendments, the penalty shall be life imprisonment if multiple perpetrators harass a woman or use harassment as a tool of intimidation.

They also state that if the harassment victim is less than 10 years old, the harasser will be sentenced to life in prison.

Per the amendments, a penalty will be imposed on a husband who publishes nude photos or videos of his wife via social media websites, or threatens to publish them during or after their marriage – another first in the country’s penal code.

The husband would face imprisonment for a period no less than one year and/or a fine of no less than LE 10,000 and no more than LE 20,000.