Introduction: Protecting Human Dignity and Enhancing Community Security
Preserving human dignity and safeguarding social security are among the fundamental pillars upon which the legal system of the Kingdom of Saudi Arabia is built. Based on this principle, the Anti-Harassment Crime Law was issued in 1439 AH (2018), establishing a clear and stringent legal framework to confront all forms of harassment and to criminalize any behavior that violates personal freedom or offends public decency.
The law aims to protect victims, ensure the confidentiality of their data, and promote a safe environment in workplaces, educational institutions, and society at large—free from any physical, verbal, or electronic abuse. This law also reflects the Kingdom’s commitment to Islamic and societal values that prohibit harm and aggression against others and emphasize respect for human dignity and rights.
First: Definition of the Crime of Harassment under Saudi Law
The law adopts a comprehensive definition of harassment that takes into account the evolution of behaviors and means of abuse. Harassment is defined as:
“Any statement, act, or gesture of a sexual nature issued by a person toward another person that infringes upon their body, honor, or modesty, by any means whatsoever, including modern technological means.”
From this definition, it is understood that the crime includes:
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Verbal harassment
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Physical harassment
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Harassment through electronic and modern technological means
The law also affirms that the occurrence of the crime is not linked to the gender of the victim—whether male or female—nor to the place where it occurs or the status of the parties involved, reflecting the comprehensiveness of the protection provided.
Second: Primary Penalties for the Crime of Harassment
The Anti-Harassment Crime Law establishes deterrent primary penalties aimed at limiting the spread of the crime and achieving both general and specific deterrence, namely:
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Imprisonment: for a period not exceeding two years
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Fine: not exceeding 100,000 Saudi Riyals
The court may impose either of these penalties or both together, depending on the severity and circumstances of the offense.
Third: Aggravating Circumstances and Enhanced Penalties
The law does not stop at basic penalties but increases the punishment in cases where the crime is deemed more serious. In such cases, the penalty may be aggravated to:
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Imprisonment: for a period not exceeding five years
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Fine: not exceeding 300,000 Saudi Riyals
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Or both penalties combined
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Key Aggravating Circumstances Include:
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If the offender and the victim are of the same gender
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If the crime occurs in the workplace, educational institutions, or shelter facilities
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If the victim has a direct interest related to the offender or if abuse of professional authority occurred
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If the victim is a child or a person with special needs
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If the offender is a repeat harasser
This aggravation demonstrates the legislator’s commitment to protecting vulnerable groups and criminalizing the abuse of power or trust in any form.
Fourth: Protection of the Victim and the Reporter under Saudi Law
Recognizing the sensitivity of harassment crimes, the law gives special attention to protecting the parties involved in reporting through:
1. Confidentiality Guarantee
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Ensuring the confidentiality of the victim’s and reporter’s data
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Preventing disclosure of identity except where strictly required for investigation procedures
2. Protection of the Reporter
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Prohibiting any discriminatory or retaliatory action against anyone who reports harassment
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Affirming that malicious reporting or providing false information constitutes a crime subject to legal accountability
These measures aim to encourage reporting and break the barrier of fear or hesitation while preserving the guarantees of justice.
Fifth: Institutional Obligations of Public and Private Entities
The law obliges both public and private entities to adopt preventive measures, including:
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Establishing internal policies to prevent harassment
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Creating clear mechanisms for receiving complaints
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Handling reports with seriousness and confidentiality
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Taking necessary legal actions against violators
These obligations are part of the legal responsibility of organizations to provide a safe working and educational environment.
Conclusion: An Integrated Framework for Deterrence and Protection
The Anti-Harassment Crime Law in the Kingdom of Saudi Arabia represents an advanced legal framework that balances criminalizing abusive behavior with protecting human dignity and privacy. The law goes beyond imposing penalties to include prevention, confidentiality, protection of reporters, and obligating institutions to take effective internal measures.
The success of this law ultimately depends on societal and institutional awareness of the importance of reporting and zero tolerance for any form of harassment. This contributes to achieving general deterrence, strengthening confidence in the justice system, and fostering a safe environment that preserves rights and upholds human dignity.
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