Progress Amid Resistance

SAUDI ARABIA 437they are often accused of having had illicit sex. In rape cases, the burden ofproof lies with the victim, and the offense may only be proven through theperpetrator’s confession or the testimony of four witnesses.The presumption on the part of police, judicial authorities, and societyin general is that if something untoward happens to a woman, it happenedbecause she asked for it. In October 2006, a young woman from Qatif wassentenced to 90 lashes for khulwa after being kidnapped and gang-raped.Allegedly, the woman had met in a car with a former male acquaintance toretrieve a photo that she had given him before she was married, at whichpoint they were both abducted and raped by a group of seven men. Therapists as well as the victims were all found guilty and punished. Only afterthe woman received her sentence of 90 lashes did she learn that she hadbeen indicted, and she was never directly presented with charges.When she appealed the case, the conviction was upheld and the sentenceincreased to six months in prison and 200 lashes. In November 2007,the Ministry of Justice issued a statement explaining that the woman wasbeing punished because she was a married woman who admitted to havingan illegal affair and to meeting with the other victim alone, both of whichare religiously prohibited crimes. 40 The following month King Abdullahpardoned the woman so that the punishment would not be carried out butdid not nullify the verdict. 41RecommendationsF The government should continue to eliminate guardianship requirementsand clarify rules regarding when a guardian’s permission is requiredso that there will be consistency and uniformity in their application.F The government should institute the minimum age requirement formarriage to prevent young girls from being married before they areemotionally and physically ready.F The government should enforce existing criminal and civil laws—suchas those against rape, physical abuse, forced confinement, and thosemandating payment of wages—that are directed toward employerswho abuse foreign workers.F The government should enact both antitrafficking laws and laws thatprotect trafficking victims.F The government should implement the criminal procedure code thatwas adopted in 2002, which prohibits torture or other harmful treatmentof detainees (Article 2) and forced confessions (Article 102),