The statement, which the ministry says is a response to media scrutiny of the ruling, said that the rape victim confessed to having an illegal affair with the man who was caught with her.
“She went out with him without a mahram, a legal guardian, and exchanged forbidden affairs through the illegal khalwa,” the statement said. “They both confessed to doing what God forbids.”
This case has caused as much outrage inside Saudi as it has outside. This is an attempt to address local criticisms of the case. The statement continues:-
"They are the main cause of what happened, the woman and her companion, as they exposed themselves to this horrible crime and violated the rule of Shariah,” the statement said. “That’s why the sentences were increased for everyone due to the dangerous nature of the crime.”
By "crime" they seem to be referring to the crime of the girl and her male companion being alone together. Let me put the ministry's point of view in another way: "she asked for it".
Whether this statement will affect Saudi public opinion, I don't know, but it sure won't cut any ice with Western critics of Saudi justice.
The following are the key issues that I think the Ministry should understand:-
- An unrelated man and woman being alone together is not a crime, regardless of whether intercourse takes place.
- In any civilized court, the woman's ordeal would be regarded as sufficient punishment for any crime she had committed (but see 1. above).
- The victim(s), especially of rape, should not be held responsible for causing the crime.
I know that I am, in some ways, a guest here and should respect their culture, but this isn't an issue of manners. It's not like refraining from eating or drinking in front of people who are fasting during Ramadan. It's a basic question of what constitutes a crime and what does not.
This could, in fact, be regarded as an example of the "Clash of Civilizations" as proposed by Samuel P. Huntington.
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