fi":r.) ACH PR \.,,1 . African Commission on Human and Peoples' Rights Human Rights our Collective Responsibility 79. Regards to State's inactions in response to the Victim's allegations of violence as secondary victimisation, the complainants cast the focus on among other things, the acts of victim-blaming attitudes, behaviours and practices engaged in by officers, the prosecutor and judges, which resulted in additional trauma for the Complainants separate to the initial violations. The Complainants alleged that many of the questions put by the authorities to them during their detention and trial were of seeming irrelevance and based on gender stereotypes of the activity expected of a young woman in Egypt.33 80. Finally, the Complainants faulting various provisions of the Egyptian Penal Code34 on the nature of offences and penalties, submitted that the State has failed to enact appropriate legislation to protect women from violence." They faulted various provisions including the provisions Article 267 which prohibits anyone from lying with a woman without her consentl (with a sentence of death or life imprisonment), the provision that the Court of Cassation, (the highest court of the Egyptian judicial system) clarified that means nothing less than full vaginal intercourse using a penis.wThey also faulted Article 268 which prohibits indecent assault and punishes it with hard labour for three to seven years.F The Complainants submitted that the Instances of anal rape or rape using parts of the body or objects other than male genitals are treated as indecent assault. They also faulted Article 278, which prohibits public acts of indecency (with a penalty of detention up to one year or a fine); and Article 279, which prohibits immoral acts against women, whether carried out in public or private (with a penalty of detention up to one year or a fine).38 81. Accordingly, the Complainants submitted that they were precluded from accessing appropriate remedies given the restricted legislative framework, leading to feelings of disempowerment. They submitted that in the absence of a comprehensive rape definition, the Respondent State sends a clear message to Egyptian society that certain 33 See, Para 80 of the Complainants 'Submission on Merit Penal Code, Law 58 for the Yea]' 1937 (as amended). See Annex 13 for relevant extracts from the Arabic and English versions 34 35 Para 80 36 ibid 37 See, para 81 of the Complainants' 38 Ibid 17lP.lge ~,_".., submission on Merit The African Commis .. AfrK;an( ,\ Union "I https:/achpr.au.inVO <) a

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