Number/M.Ein./T.J/56M/2017 – Continued
On the subject-matter however, it is noted that the facts, as adduced by the Subject-matter Court state,
are that the victim, who is a ten years old child, reported that the accused attempted to rape her. She
related the incident she endured from the accused in a calm and steadfast manner; also, she stated that
the bed in which the accused attempted to rape her has left a mark of injury on her chin, and therefore
the conviction was passed.
Crimes of sexual harassment of children mostly take place in secrecy, thus the Legislator in the Child Law
and in Case Law, as abundant as such cases are, admits as true the child’s testimony, because there are
no admissible evidence to the contrary, except medial evidence which would usually confirm the
incident. In the case of sexual harassment, medical doctor’s evidence is not permissible because there
are no marks to be observed on the child, since the harassment was a failed attempt. In the case in front
of us in, the mark caused to the victim by being hit by the bed clearly confirms the truthfulness of her
account of the accused abusing her; thus, the conviction is sound with no issues.
I therefore see no sufficient reason to return the Case Paperwork to impose a harsher sentence because
the Three-Year Sentence is sufficient to deter the accused and others like him. I therefore decide to
cancel the Appeal Court decision to return the Case Paperwork for a heavier sentence, and deem the
sentence passed by the Subject-matter Court adequate.
Al-Araki Al-Rayah Al-Elaish
Judge of the High Court
22/03/2017
Tariq Al-Daw Ayoub
Judge of the High Court
30/03/2017
Musa Alniel El-Mukashfi
Judge of the High Court
29/03/2017