The Crime of Sexual Harassment in the Saudi and Sudanese System "An Analytical and Comparative Study"

Abstract

This study addresses the crime of sexual harassment in the legal systems of Saudi Arabia and Sudan, considering it a highly dangerous offense that affects personal honor and causes profound psychological, physical, and social harm. Grounded in the principles of Islamic-based criminal policy, the study emphasizes the necessity of developing preventive foundations against this crime through the analysis of statutory texts and practical application. The research comprises an introduction and three main sections: the concept of sexual harassment, its legal elements, and the applicable penalties. A comparative analytical methodology was adopted to examine and contrast relevant legal provisions in both countries. The findings reveal that the Saudi legal system is more comprehensive, having established a standalone law for sexual harassment that encompasses various forms and means of perpetration. It does not require the victim to experience psychological harm for the offense to be recognized—mere utterance, action, or gesture with sexual connotation is sufficient. In contrast, the Sudanese system remains fragmented, relying on partial amendments and dispersed legal texts, with implicit references to the need for psychological impact, which complicates the burden of proof. These outcomes underscore the importance of refining legal frameworks to enhance both preventive and punitive dimensions in combating sexual harassment effectively within both jurisdictions.