CAIRO: In a landmark criminal court verdict, 10 men from the governorate of Kafr El-Sheikh received the death sentence after they were convicted of kidnapping and gang raping a woman.
The court also sentenced a minor to 10 years in prison for participating in the crime.
The crime was committed two years ago when the 11 perpetrators spotted the victim standing in the balcony of her apartment. They went up, dragged her down the stairs, forced her into a microbus and took her to an uninhabited open field where they took turns to rape her for three hours.
Sheikh Mahmoud Ashour, member of the Islamic Research Center and former deputy of Al-Azhar, supports the verdict, saying it complies with Sharia. “The verdict is legitimate in Islam, we hope that it sets an example for everyone, he said.
Women’s rights activist and member of the National Council for Women Aziza Youssef also lauded the sentence. “I believe that Egyptian law is very fair, she said, “They should be executed in a public square to stop others from committing such a crime.
Youssef emphasizes that neither social nor psychological factors justify rape. “Drugs and unemployment are not an excuse. If they can’t find jobs, they should look for them. We’re not in a jungle, she said.
Madiha El-Safty, sociology professor at the American University in Cairo, echoed the same sentiments. But although she hopes that the verdict would decrease the rate of rape and sexual harassment in Egypt, she remains skeptical.
“It’s the first time a group of rapists all receive the maximum penalty, she said, “but they deserve it.
However human rights activist, Hossam Bahgat, chairman of the Egyptian Initiative for Personal Rights, had some reservations about the verdict. “[Ten] is a high number of death sentences to be handed down in one case, they are nearly half the number of death sentences given out annually in Egypt, he said.
“Rape is a serious crime, we have long called on the government for more serious measures and punishments, but we oppose the death penalty under all circumstances as it is an ineffective deterrent and a cruel and inhumane punishment, Bahgat explained.
“We do not believe that it will achieve justice to the victims of rape and sexual violence, he added.
Another human rights lawyer, Amir Salem, explained that the accused were charged with two crimes, abduction and rape, saying the maximum sentence for the former can go up to three years while the latter has a maximum penalty of a life sentence.
Although he believes that rape is a “horrendous crime, Salem thinks this extreme verdict was influenced by public opinion.
“A life sentence would have been more appropriate, he said, emphasizing the Egyptian penal code does not state that rape is punishable by death.
He added that the 10 men should not have been handed the same sentence, since some may have initiated the crime, while others followed and some of them may have abused her more than others.
Whether or not the crime was premeditated is also a factor determining the severity of the penalty, he said. One has to take their socio-economic situation into consideration, since they could have been sexually frustrated or suffering psychological [illness].
Over the past decade, rape-related laws have been amended several times.
In 1999 Article 291 of the penal code allowing rapists to go free if they marry their victims was repealed. Parents of rape victims have used the law, which dates to 1904, as a way to regain family honor. Rapists have used it to escape punishment.
According to government statistics, 20,000 cases involving rape and sexual harassment are reported in Egypt every year, averaging a shocking 55.5 cases a day. -Additional reporting by Menna Taher.
