The recent decision by the Public Prosecution to imprison a man who sexually assaulted an 8-year-old girl inside a mosque bathroom in the “Ebni Betak” area of the 10th of Ramadan City in Egypt’s Sharqia Governorate—on charges of “indecent assault” rather than “rape”—has sparked widespread controversy on social media and among human rights advocates and legal experts. The prosecution’s decision was based on a forensic medical report confirming that the child was subjected to sexual assault through anal penetration without losing her virginity. This prompted human rights defenders to argue that the charge reduces the severity of the penalty and could allow perpetrators of sexual violence against children and women to evade harsher punishments. Legal experts attribute this situation to a clear legislative deficiency in Egypt’s Penal Code, which dates back to 1937.
According to amendments made to the Penal Code in 2011, the crime of rape is specifically defined as “the intercourse with a female without her consent” through full vaginal sexual penetration. Meanwhile, the law classifies all other forms of sexual assault—such as anal penetration, use of the hand, objects, or forcing the victim to perform oral sex, as well as sexual assault against males or inserting a finger or foreign object into the vagina even if it leads to rupture of the hymen—as “indecent assault” (hatk ʿird). The Egyptian law also does not recognize marital rape as a crime.
Article 267 of the Penal Code stipulates that the perpetrator of rape shall be punished with life imprisonment or the death penalty if the victim is under 18 years of age, or if the perpetrator is a relative, a guardian, someone responsible for her upbringing or care, or an employee working for her, or in cases involving multiple perpetrators. As for the crime of indecent assault, defined under Article 268, the penalty ranges from three to seven years of rigorous imprisonment, with the possibility of an increased penalty of temporary hard labor if the victim is under 16 years old or if aggravating circumstances are present, or life imprisonment if both conditions are met. Article 269 stipulates a penalty of temporary hard labor or imprisonment depending on the age and circumstances of the victim, in cases where the assault occurred without direct violence.
During the past five years (2020–2025), Egyptian courts reviewed a large number of sexual assault cases ranging from rape, indecent assault, and harassment, to attempts at committing these crimes, some of which were accompanied by murder, theft, or extortion. By examining a sample of court rulings reported in Egyptian newspapers during this period, Zawia3 found that the judiciary issued death sentences in five cases, all of which were aggravated rape crimes involving kidnapping, the use of weapons, or targeting minors or persons with intellectual disabilities. In contrast, life imprisonment sentences were issued in four cases involving the rape of minors, repeated sexual assaults, or the use of narcotics during the assault. Courts also issued rigorous imprisonment sentences ranging from 10 to 25 years in three cases that involved kidnapping or gang rape. Meanwhile, the lightest sentence (only three years) was in a case where the victim was a housewife in the Maadi district. The analysis revealed that the harshest sentences (execution and life imprisonment) were usually associated with evidence of kidnapping or severe violence, while lighter sentences (from 3 to 10 years) were issued in cases that lacked severe violence or sufficient evidence of coercion.
Data analysis shows that the rape victims were minors in five cases involving relatives, teachers, or strangers, while adult women were victims in another five cases, including gang rapes and threats. One case of rape of a mentally disabled girl was recorded during this period. Two cases of sexual assault within the family were documented, one involving a father assaulting his daughter and the other a shocking incident where a son raped and killed his mother. Gang rape was recorded in more than three cases, with rulings ranging from execution to life imprisonment. The use of weapons to threaten victims was present in most cases, indicating that violence accompanying rape increases the severity of the sentence. The exploitation of minors and power dynamics led to life imprisonment rulings against the perpetrators.
Meanwhile, a review and analysis of a sample of news articles published in Egyptian newspapers on court rulings in indecent assault cases during the period (2020–2025) showed that court rulings against perpetrators charged with indecent assault included prison sentences of more than 10 years in only five cases. Judges sentenced defendants to 15 years in four cases, 16 years in one case, life imprisonment in one case, and between 5 to 10 years in eight cases. These included: 6-year sentences in two cases, 7-year sentences in three cases, 8 years in one case, and 10 years in four cases. In two cases, the sentence was less than a year: six months in one case and one year in another. The court also sentenced defendants to between one and less than five years in six cases, including: two years in two cases, three years in three cases, and four years in one case. It is noted that the younger the victim, the harsher the punishment. If the perpetrator holds a position of authority (teacher, supervisor, imam, doctor), the rulings are usually more severe. Punishments tend to increase when there is physical violence or threats to the victims, and in cases of recurrence or multiple victims, the rulings are harsher.
The defendants were convicted in most cases of touching the intimate parts of the victims’ bodies without vaginal penetration. Cases involving full sexual assault or attempted rape were fewer but received harsher punishments. Children (both boys and girls) under the age of 18 made up the vast majority of the cases. Adult women represented a smaller proportion in the sample of news reports on court rulings in indecent assault cases. There was also one case involving a child with a disability. The methods used in the crimes varied between deception and luring in seven cases, and the use of force or threats in six cases. The locations of the crimes varied between private or closed spaces, such as homes, workshops, orphanages, shops, mosque rooms, and public places like roads, transportation, streets, and in front of schools.
Virginity as a Condition for Proving Rape in Court
For her part, human rights lawyer Entessar El-Saeed, Director of the Cairo Center for Development and Law, believes that the Egyptian law suffers from a deficiency in defining the crime of rape within the Egyptian Penal Code, as it stipulates the occurrence of penile-vaginal penetration. If the act is committed through anal rape, or using objects or hands, it is not considered rape but rather classified as “indecent assault.” According to Egyptian law, the definition of indecent assault is any act of indecency that extends to the victim’s body and private parts. Indecent assault applies to both women and men and is linked to an indecent act that reaches the body or private parts of the victim, according to the legal definition. Thus, any indecent assault crime resulting from touching the body or part of it that leads to a breach of decency, or an obscene act—public or private—is considered indecent assault.
She adds that, unfortunately, when the crime occurs in any form other than penile-vaginal penetration, it is considered indecent assault, and therefore the punishment changes from life imprisonment or, in some cases, the death penalty—with reservations regarding capital punishment—to ordinary indecent assault penalties. If the rape victim is a virgin and did not lose her virginity due to vaginal sexual assault, which sometimes happens to child victims, the law considers it indecent assault.
She tells Zawia3 : “Egyptian law equates anal rape, incomplete vaginal rape, rape using objects, and physical harassment involving touching sensitive parts of the victim’s body—all as one category. This is a legislative shortcoming. I remember that one of the victims of mass sexual violence in Tahrir Square—after the January 25 Revolution—was raped using objects, and the perpetrators inserted scissors into her vagina, requiring her to undergo surgery. Nevertheless, the law considered her a victim of indecent assault, not rape. If a victim of indecent assault dies as a result of the attack, the matter may be considered assault leading to death.”
She continues, “There is, in fact, no distinction between physical harassment and indecent assault under Egyptian law. The newer law—on sexual harassment—should override the older one. But the classification of the case depends on the case description, the public prosecution report, the judge’s own assessment, and whether the perpetrators have criminal records.”
The human rights lawyer notes that court rulings issued in cases of indecent assault crimes vary, because under Egyptian law the penalty is imprisonment from three to seven years, and thus the judge has discretionary authority to rule for three, four, five, or seven years. Unfortunately, in some cases, judges apply leniency, especially in crimes that occur in Upper Egypt. She adds: “We had a case of sexual assault against a seven-year-old girl. Her uncle raped her about eight times under threat of a weapon, threatening to kill her if she told her parents. The child experienced bleeding, and her mother took her to a doctor’s clinic, where the matter was discovered. When the victim was presented to the forensic examiner, it was found that her hymen was still intact. Thus, the crime was not classified as rape but indecent assault. The defendant did not appear in court during the session, and it was expected that the judge would issue the maximum penalty, but he sentenced him to only four years—three years for the indecent assault charge and one year for possession of a bladed weapon. Sadly, the family themselves colluded to help the perpetrator escape from the verdict enforcement police, and even the victim’s father told her mother that the daughter could be compensated if she died, but his brother could not be replaced!”
The center’s director confirms that the Egyptian Penal Code, which dates back to the 1930s, is extremely outdated and needs reform and modern definitions that are in line with the times. There is a need for a new vision that ensures the punishment fits the crime. She stresses the importance of passing the draft unified law to combat violence against women and children, whose draft is expected to be released in the coming days. This law aligns with international standards and includes a definition of rape as any form of sexual assault on the victim—whether vaginal, anal, or oral—using the penis, hand, or any object.
She points out that the term “indecent assault” causes social stigma for survivors of sexual assault and triggers fear in them, because it is associated in popular culture with rape and is linked in public perception to the concept of honor. For this reason, victims often prefer to report in police stations that they were subjected to sexual harassment rather than indecent assault.
The Need for a Comprehensive Law
Abdel Fattah Yehia, Director of the Legal Unit at the Egyptian Center for Women’s Rights and a cassation lawyer, explains that, according to the legal definition of rape, it is defined as any intercourse with a female without her consent. In the law, this is specifically defined as the insertion of the male genital organ into the female genital organ. Therefore, cases involving the rape of male children are classified as indecent assault, as are cases involving girls who did not lose their virginity as a result of the assault. However, if a girl loses her virginity due to sexual assault by a relative or guardian or someone entrusted with her care, the penalty is increased, and the case is classified as indecent assault with aggravating circumstances, according to Article 267 of the Penal Code. He adds that rape, according to the Egyptian legal definition, must occur by a human; if it is committed using an object, it is classified as indecent assault.
The Director of the Legal Unit tells Zawia3 that the circumstances of the case itself and the discretionary authority of judges determine the length of the sentences issued in indecent assault cases. He points out that sexual harassment cases involving touching are classified as indecent assault, as is stripping the victim of their clothes. He adds that the term “attempt” in legal terminology refers to preparatory actions to commit the crime. He stresses that classifying certain rape cases as indecent assault leads to perpetrators escaping deterrent penalties and may result in repeated offenses. It also opens the door for misinterpretation or procedural errors. Furthermore, the law does not recognize marital rape and does not consider it a crime.
Yehia confirms that what is needed is not just a unified law to combat violence, but a comprehensive law that includes policies, procedures, protective tools, diverse reporting mechanisms, and easy access to reporting channels. It should also include a secure medical unit, with the examination conducted by trained and qualified personnel. There is a need for a comprehensive violence law that includes a section on sexual violence and another on cyber violence.
Meanwhile, lawyer Amr Mohamed, founder of the Haqqi (“My Right”) initiative concerned with women’s issues and gender-based violence, believes that the crisis stems from how the law defines rape. It classifies any sexual assault that is not vaginal rape between a male and a female outside of marriage as the crime of indecent assault, which is defined as a gross violation of the decency of the victim—whether male or female. While anyone who has intercourse with a female without her consent is punished with life imprisonment under Article 267 of the Penal Code, the punishment for indecent assault ranges from three to seven years in prison.
He points to a case in which the victim was kidnapped and sexually assaulted, which led to her death. However, the court classified the crime as assault leading to death and sentenced the perpetrator to only six years in prison. He explains that some judges use leniency provisions to reduce sentences, such as Article 17 and Article 55, particularly in cases of femicide.
The founder of the initiative tells Zawia Thaletha that the term “indecent assault” is morally objectionable due to its association with honor, and that the proper term should be “sexual assault.” He argues that the legislative gap regarding sexual assaults opens the door for perpetrators to escape punishment. He notes that the aggravating circumstances applicable in some indecent assault cases are what determine the length of the sentence. These include the victim being under the age of 18, which raises the sentence to life with hard labor.
He confirms that there is no real will among Egyptian lawmakers to expand legal definitions and keep pace with modern times and emerging crimes. Instead, legislators focus solely on toughening penalties. He also states that the draft unified law to combat violence, which has been presented to the Egyptian Parliament since 2017 and includes comprehensive and broad definitions of sexual assaults, continues to be ignored and has not yet been passed.
The Need for Legislative Reform
Lawyer Ahmed Meseilhy, head of the Egyptian Child Defense Network, explained to Zawia3 that any crime not explicitly addressed in the Egyptian Penal Code may be subject to penalties under specific laws, such as those governing cybercrimes, the Child Law, and traffic laws. These special laws include additional specific penalties, but the primary reference in legislation remains the Penal Code. Thus, when a child is subjected to a crime like theft, assault, or sexual violence, the punishment is determined according to the Penal Code, while the Child Law stipulates the doubling of the minimum sentence.
He added that the 2018 amendments to the Penal Code toughened the penalty for sexual assault or harassment if committed against a child. This includes touching sensitive parts of the child’s body or sexual innuendos, with the penalty starting at six months of imprisonment. It also covers indecent acts against children, in which case the penalty increases. The punishment for the rape or indecent assault of a boy or girl can reach up to 15 years of rigorous imprisonment.
In contrast to the legal systems of many other countries, the Egyptian law does not recognize any form of rape other than vaginal penetration, according to the head of the network. He stressed the need for a broader and more detailed legal definition of rape, similar to criminal laws in other countries—especially developed nations—that recognize many forms of rape beyond a single instance of penetration.
He revealed that there have been cases of child sexual abuse that the network’s lawyers were unable to prove due to the narrow legal definition of rape and the existing legislative shortcomings. He called on the National Council for Childhood and Motherhood and NGOs working on children’s rights to urge the Egyptian Parliament to introduce legislative amendments to the Penal Code for a more comprehensive classification of rape. He also urged referencing comparative legislation from other countries and improving forensic medicine to ensure victims can obtain deterrent rulings against perpetrators of sexual violence.
At a time when sexual assaults against children and women are recurring, legal experts argue that the legislative shortcomings in Egypt’s Penal Code—Law No. 58 of 1937—and its limited definition of rape open the door to lighter sentences and the impunity of offenders in cases of sexual assault against children and women that are classified as “indecent assault.” Human rights voices are growing louder in demanding legislative reform of the law to make it more comprehensive, clearer, and aligned with contemporary realities and crimes, and to accelerate the adoption of the unified law to combat violence against women and children.
