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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
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