Last Change:

04/08/2025

Sexual Offences Act

Year: 2018

Type: Domestic law

Rights Category: Health, Liberty & security of person, Nationality & facilitated naturalization

Description

Criminalizes various forms of sexual violence and provides a legal framework to support survivors in accessing justice and protection services.

Selected provisions
Section 5 - Criminal Acts of Rape (Forced Fornication)

1) Any individual who perpetrates rape against another individual of the opposite sex has
committed a criminal act and, if found guilty in accordance with Article 34, paragraph 2, of
this Bill, he/she will be liable to a penalty, under Islamic Sharia law, and a prison term of 5-
15 years which is only applicable if the death penalty was not imposed.
2) If the victim of the criminal act mentioned in paragraph 1 of this Article is a minor, or a
vulnerable individual, the defendant, if found guilty, will be liable to the punishment
prescribed for fornication by Islamic Sharia Law and a penalty of 10-20 years of
imprisonment.
3) If the victim of rape sustains brain or physical injury during the act of rape, the offender will
be liable for the death penalty if that is what is prescribed in Sharia Law. If the death penalty
is not applicable, the offender will be subject to a penalty of 10-20 years of imprisonment.
The victim of rape who sustained the brain or physical injury is entitled to monetary
compensation in accordance with Sharia, as stated in Article 40 of this Bill.
4) Any individual who sexually assaults another, and infects the victim with incurable diseases
such as HIV/AIDS, will be subject to the punishment prescribed for fornication by Islamic
Sharia if the victim does not die of the disease. The offender will [also be liable] to a penalty
of life imprisonment and monetary compensation due to the victim in accordance with
Sharia.
5) Any individual who sexually assaults another, and infects the victim with incurable diseases
such as HIV/AIDS, which results in the death of the victim, will be subject to the death
penalty, if the previous verdict was not the death penalty. Unless the family of the deceased
victim accept blood money (Diya) or choose to forgive the offender.
6) Any individual who commits rape and murders the victim will be eligible for the death
penalty, unless the family of the deceased victim accept blood money (Diya) or choose to
forgive the offender.
7) Any individual who commits rape shall compensate the victim by paying a full dowry
(Meher), which is valued at the amount paid to women who are her peers and additional
monetary compensation.
8) If it is proven that the offender raped the victim on multiple occasions, the victim will be
entitled to a full dowry (Meher) for each occasion, which is valued at the amount paid to
women who are her peers.
Unofficial English Translation by Horizon Institute, 2 September 2020. 9
9) Any individual who commits rape, and it is proven that the victim was a virgin, the victim
will be entitled to compensation for the loss of virginity, which is valued at the full blood
money for a woman.
10) The penalties stated in this Article are not enforceable on offenders who are below the legal
age/minor or the mentally ill. However, they must serve time in a juvenile correctional
facility and undergo extensive disciplinary action consistent with the country’s legal system,
while preserving the victim’s civil rights mentioned in sections 7, 8, and 9 of this Article.
The court will require the legal guardian of the offender, as defined by Sharia, to bear the
responsibility of settling the amount due to the victim.
11) Any individual who attempts to commit the various criminal acts of rape stated in this
Article, will be liable to a penalty of 3-8 years of imprisonme

Article 28 - Right to Free Healthcare for Victims

(1) A victim has the right to receive free healthcare, including medical treatment, psychological support, and counseling. The victim is also entitled to HIV testing before, during, and after the trial process.
(2) A victim has the right to receive emergency medical treatment as soon as possible after experiencing sexual violence, including access to preventive medication for pregnancy and sexually transmitted infections (STIs).
(3) A victim has the right to request and obtain detailed reports of medical and psychological examinations related to their injuries, including medical findings and treatment received.

Article 29 - Right to Legal Aid Services

A victim has the right to legal representation by a lawyer of their choice. If the victim cannot afford legal representation, the state is responsible for providing free legal aid services.