Moreover, the court in October 2006 also sentenced both the woman and man who had been raped to 90 lashes each for what it termed “illegal mingling.” Human Rights Watch is particularly concerned that the criminalization of any contact between unmarried individuals of the opposite sex in Saudi Arabia severely impedes the ability of rape victims to seek justice. A court may view a woman’s charge of rape as an admission of extramarital sexual relations (or “illegal mingling”
unless she can prove, by strict evidentiary standards, that this contact was legal and the intercourse was nonconsensual.
In an interview in December, the rape victim described to Human Rights Watch her treatment in court:
“At the first session, [the judges] said to me, ‘what kind of relationship did you have with this individual? Why did you leave the house? Do you know these men?’ They asked me to describe the situation. They used to yell at me. They were insulting. The judge refused to allow my husband in the room with me. One judge told me I was a liar because I didn’t remember the dates well. They kept saying, ‘Why did you leave the house? Why didn’t you tell your husband [where you were going]?’”
“Victims of sexual violence in Saudi Arabia face enormous obstacles in the criminal justice system,” said Deif. “Their interrogations and court hearings are more likely to compound the trauma of the original assault than provide justice.”
