In early July, the local public opinion was deeply outraged by the rape of a nine-year-old girl in the Al-Haymah area, south of Sana'a, by a 29-year-old married man affiliated with an armed group.
This incident occurred just one month after the resolution of the case involving Ahmad Al-Zuweiki, widely known in the media as the "Al-Zuweiki Case," in which he was sentenced to death for premeditated murder. However, a tribal settlement led to an alternative resolution: Al-Zuweiki’s family was ordered to pay 40 million Yemeni riyals (equivalent to $80,000 USD) in blood money to the family of the deceased (the rapist) and to exile the family of the girl who was raped. In return, Ahmed Al-Zuweiki was granted a pardon and released from prison. Al-Zuweiki had been convicted of killing his sister’s rapist, a married young man who had received a lenient sentence of 5 years in prison, which was disproportionate to the nature of the crime. Nonetheless, this sentence is legally justified and sound, given the "elastic" gaps in Yemen's penal code concerning such offenses.
“The Yemeni legislator has set an upper limit for the penalty for such crimes but did not specify a minimum penalty initially, defining it as either two or three years in subsequent instances. Consequently, the minimum penalty is left to the judge’s discretion, allowing adjustments based on the judge’s assessment of the case. This means that, in some instances, the sentence can be as lenient as 24 hours of imprisonment for such a heinous crime as rape.”
It is noteworthy that the blood money set by the tribal ruling is more than eight times the amount stipulated for premeditated murder under Article 40 of the Yemeni Penal Code No. 32 of 2006, which prescribes blood money for premeditated and quasi-premeditated murder as 5,500,000 riyals and for accidental murder as 1,600,000 riyals. Actually, this discrepancy illustrates the tendency of some tribal rulings to deviate significantly from formal legal standards, as these decisions are often based on personal judgments, which diverge from both customary and formal legal standards, undermining the sanctity of judicial justice that relies on texts, evidence, witnesses, and legal reasoning.
Composite Crime
Moreover, all legal systems worldwide have criminalized rape and classified it as a "first-degree crime" due to its severe physical and psychological effects on the victim, regardless of whether the victim is a woman or a man, a minor or an adult. Furthermore, rape is not considered a standalone crime, according to the criminal lawyer Moath Al-Qurashi in an interview with Khuyut.
He explains: "The crime of rape does not occur as a solitary or isolated offense; it is accompanied by a series of related crimes that complete the offense. These can include kidnapping, physical assault, sodomy, and may even end with murder, concealment of the body, and destruction of evidence. Hence, each of these constitutes a separate, complete crime in itself. Additionally, the rape crime may be committed by individuals under the influence of drugs, thus making rape and sexual assault composite crimes."
According to lawyer Al-Qurashi in an interview with Khuyut, although the Yemeni Penal Code includes provisions addressing rape, it has not established optimal penalties and exhibits certain deficiencies. For instance, Article 269 of the Yemeni Penal Code states that "if the legal threshold is not applicable for any reason, anyone convicted of rape against another person, whether male or female, without their consent, shall be punished with imprisonment for a period not exceeding seven years. If the crime involves two or more perpetrators, or if the perpetrator is someone responsible for supervising, protecting, raising, guarding, treating, or otherwise caring for the victim, if the victim suffers severe bodily harm or health damage, or if the victim becomes pregnant as a result of the crime, the punishment shall be imprisonment for no less than two years and no more than ten years . Additionally, If the victim is under fourteen years of age or if the act results in the victim's suicide, the punishment shall be imprisonment for no less than three years and no more than fifteen years."
"This means that the Yemeni legislator has set an upper limit for the penalty but did not specify a minimum in the first instance, defining it as either two or three years in subsequent instances. Consequently, the minimum penalty is left to the judge’s discretion, who may adjust it based on his assessment of the case, which could result in a sentence as lenient as 24 hours of imprisonment for such a heinous crime as rape!" adds the lawyer.
A Justice by Ignorant Tribal Figures
In this regard, the lawyer Samar Al-Ariqi confirms to "Khuyut" that the resolutions arising from tribal arbitration in cases involving honor, particularly in sexual assault crimes, are often judgments based on ignorance and emotion. Consequently, the scales of justice may tip in favor of the perpetrator at the expense of the victim, especially if the victim does not belong to a prominent tribe or is a civilian who would never consider seeking revenge.
“In many other cases, the reasons include the perpetrator's addiction to watching pornography and exposure to a large amount of immoral images, as well as drug abuse and involvement in inappropriate social groups and unhealthy friendships. All these factors significantly impact minors.”
"Al-Ariqi notes that 'tribal rulings implemented outside the judiciary will not necessarily be fair, as they lack proper trial procedures, including filing lawsuits, interviewing witnesses, holding sessions, and gathering forensic evidence, among other steps that are part of the judicial process until a verdict is issued."
Psychological Reasons
In this context, Dr. Sakhr Al-Shaddadi, a psychiatrist, points out that one of the main psychological reasons driving perpetrators to commit rape often stems from their exposure to sexual abuse or physical violence during childhood. Therefore, this background can lead them to perpetrate similar crimes against other children, both boys and girls, as a means of seeking revenge against society, especially if they have become "pedophilic," as they develop a form of adaptation to the violence. Additionally, in many cases, other contributing factors include addiction to pornography, exposure to a large amount of immoral images, drug abuse, and involvement in inappropriate social groups. All these factors significantly impact minors.
Social Symptoms
For nearly nine years since the outbreak of the armed conflict in Yemen, its repercussions have contributed to a rise in crime rates, which have become more violent and organized than before. The increase in these crimes is seen both among armed groups involved in the conflict and civilians who have suffered psychological disorders due to the economic and living conditions in Yemen. This issue is evidenced by the rising number of rape cases being brought before the courts in various Yemeni governorates.
"Khuyut" has reported 964 cases of sexual assault that were filed before a single prosecutor's office in the capital, Sana'a—the North Secretariat Prosecution —during the period from 2019 to 2024.
It is noteworthy that Yemen has ratified all international laws and treaties, including the Universal Declaration of Human Rights. Moreover, the prohibition of rape is also codified under the international humanitarian law in the Lieber Code and is considered a crime against humanity under the Rome Statute of the International Criminal Court. Additionally, Yemen has also ratified the Fourth Geneva Convention and the Additional Protocol I, which mandate the protection of women and children from rape, forced prostitution, and any form of indecency.
