A proposed bill to toughen penalties for rape and sexual assaults against children and women has sparked fierce backlash in Egypt, particularly over a provision that would abolish reduced sentences for honor killings, according to Egyptian media reports and an announcement by the bill’s sponsor, MP Fatima Adel.
Adel submitted the draft legislation calling for an end to reduced sentences for murders committed on grounds of “honor,” an issue that remains controversial in Egypt and across much of the Middle East. The draft prompted an online backlash, with Egyptian men accusing the lawmaker of promoting immorality and depravity.
An honor killing is the murder of an individual, most often a woman or girl, by relatives or members of their community who believe the victim has brought shame or dishonor upon them. Under Article 237 of the Egyptian Penal Code, a husband who catches his wife in the act of adultery and immediately kills her and her partner can receive a reduced sentence rather than the standard penalties for murder, which can include life imprisonment or the death penalty.
Constitutional law expert Islam Qanawi told CNN Arabic that abolishing reduced sentences for honor killings raised questions about equality between men and women. The current provision grants husbands reduced punishment in certain circumstances, but does not provide the same treatment to wives who catch their husbands committing adultery and kill them and their partners.
There were calls for changes in Egypt’s legislation in September after an Egyptian man killed his wife and two men in Sohag after receiving AI-generated images from an anonymous Facebook account that depicted his wife in a sexual relationship, according to Egyptian media.
Legislation aims to protect rape victims, avoid reduced sentences for perpetrators
Adel’s legislation would abolish the reduced sentence under Article 237, toughen penalties for sexual assaults against children and prohibit courts from treating a victim’s clothing, appearance or social relationships as grounds for reducing a perpetrator’s sentence. It would also amend Article 267 to establish life imprisonment as the standard punishment for sexual intercourse without the victim’s consent, with the death penalty in aggravated circumstances.
These include cases in which the victim is under 18, the perpetrator is a relative or someone responsible for the victim’s upbringing or supervision, or otherwise holds authority over them; where multiple perpetrators are involved; or where the crime results in serious injury, permanent disability or death.
The legislation would also raise the minimum sentence for indecent assault committed through force, threats or coercion to 15 years of rigorous imprisonment. Life imprisonment would apply in cases including assaults against anyone under 18, crimes involving multiple perpetrators, the use of a weapon or means capable of causing serious injury, or cases resulting in permanent disability. The penalty would rise to death if the crime resulted in the victim’s death.
It would further establish a minimum sentence of 10 years of rigorous imprisonment for indecent assault against a child under 18, even when committed without force, threats, or coercion. The penalty would increase to life imprisonment in certain circumstances, including when the victim is under 12 or when the perpetrator exploits a relationship of authority, care, dependency or trust with the victim.
The draft also seeks to amend Article 17 to restrict the use of judicial leniency in specified sexual assault cases, preventing courts from reducing sentences below the statutory minimum where the law explicitly prohibits it.
Many Egyptians oppose bill as threat to 'natural law'
Though many Egyptian women thanked Adel for the bill on Facebook, stressing the need for such measures, numerous individuals also complained that the bill threatens the “natural law,” and others complained that there should be stronger legislation to prevent wives from committing adultery.
“The punishment for an adulterous wife is stoning,” one individual wrote to Adel. “Likewise, the adulterous husband. Either you present laws that comply with Islamic law, or we have no need for you or your proposals whatsoever, and we disavow them.”
Another wrote, “It is absurd to demand that society stand idly by while its moral system is dismantled under the guise of freedom, and then simultaneously demand that it confront the consequences of this moral decay, such as harassment and assault. Even more perplexing is the condemnation of sound human instinct when it rejects any infringement upon honor and dignity. No legislation or sound logic can undermine the innate human instinct to protect and defend one's honor, and laws can never replace the violated dignity of the individual."
It also read, "I call it the era of legalizing prostitution and debauchery through laws I don't know where you get them from. The problem is the nudity and freedom granted to girls, which came from the most depraved aspects of Western societies in the name of freedom, and which they despise, yet we boast about it today in our inherently conservative society!"