The crime of electronic sexual harassment (A comparative study between Palestinian and Egyptian law)

Authors

Mohammad Shtayah

 

Abstract

This research examines the concept of electronic exposure involving sexual advances toward others. It outlines a comparative study of Palestinian and Egyptian law. The research problem is the main question: How can the effectiveness of Palestinian legislation be evaluated compared to Egyptian legislation in confronting the crime of attacking others with sexual advances. The researcher followed both the descriptive-analytical method and the comparative method. Several results were obtained. These included: Exposure to others by means of the online network, a type of sexual coercion without physical contact that is aimed at both males and females. Decree Law No. 10 of 2018 on cybercrimes in Palestinian legislation does not address the concept of electronic exposure involving sexual advances toward others.This crime is one of the many new cross-border crimes and, hence, it is difficult to prove. It is considered a violation of human rights. The Palestinian legislator views this as a crime of public intent. It constitutes a misdemeanor punishable by imprisonment for three months to two years or a fine. The researcher recommends calling on the Palestinian legislator to (1) include in Article 1 of Decree Law No.10 of 2018 regarding cybercrimes the definition of the concept of electronic exposure involving sexual advances towards others, (2) amend the text of Article (16) of Decree Law No.10 of 2018, and introduce special intent as an element of this crime, similar to that of the Egyptian legislator, (3) adopt the same approach of the Egyptian legislator in tightening the penalty stipulated for this crime, so that the penalty becomes a felony, and make the monetary fine a mandatory penalty in addition to the penalty affecting freedom, and finally (4) call on the Palestinian legislator to raise the penalty when the victim is under eighteen years old, imposing a sentence of temporary hard labor for no less than five years