Intoxication And Rape Laws: Bahrain's Complex Legal Landscape

Bahrain recently abolished a controversial law that allowed rapists to escape punishment by marrying their victims. Previously, Article 353 of the penal code acquitted the defendant from rape and/or sexual assault charges if they married the victim. This law was scrapped in 2023, with the country's upper house of parliament, the Shoura Council, unanimously voting to remove it. The move was welcomed by women's rights activists, who had been fighting for years to end this legislation. While Bahrain is a Muslim country, where sexual relations outside of marriage are illegal, the biggest risk for a survivor of sexual assault who chooses to report it is the perpetrator filing a counter claim. However, drinking alcohol is not a crime, and public intoxication is only punishable for Muslims.

Reporting rape and/or sexual assault to the police in Bahrain

Step 1: Contact the Necessary Parties

If you are a British national, it is recommended that you contact the British Embassy in Bahrain as soon as possible. They can be reached at +973 17574100 and provide emergency consular services 24 hours a day. Their staff will be polite, patient, sensitive, and non-judgmental, and they can provide information on local police and medical procedures. You may also want to contact your tour operator or insurance company if you have one.

Step 2: Preserve Evidence

Try to report the crime as soon as possible to increase the chances of retaining forensic evidence. Avoid washing yourself or your clothes, as this may remove important evidence. If you have changed your clothes, bring the ones you were wearing to the police, along with any other physical evidence, such as condoms, toothbrushes, or text messages.

Step 3: Report the Crime

You can choose to report the crime directly to the local police authorities in Bahrain. When reporting, you may request the presence of an Arabic-speaking Shamsaha Women's Crisis Advocate to accompany you. There may also be English-speaking officers available, but this is not guaranteed. You will be asked to provide a medical report and any other physical evidence, such as clothing or recordings from the crime scene. You will not need to surrender your passport during the investigation, but you will need to provide a form of identification.

Step 4: Obtain a Police Report

Insist on getting a police report with a case number. This document will likely be in Arabic, so you will need to get it translated. The British Embassy can provide a list of translation companies that have assisted British nationals in the past.

Step 5: Be Aware of Counter Claims

As mentioned earlier, sexual relationships outside of marriage are illegal in Bahrain. This means that there is a risk of the perpetrator filing a counter claim against the survivor. Additionally, while homosexuality is not a crime in Bahrain, you should be prepared for officers who may respond as if it is.

Step 6: Seek Support

Reporting rape or sexual assault can be emotionally and physically traumatic. It is important to seek support throughout the process. The Shamsaha Crisis Advocates provide emotional, informational, and logistical support to women survivors of sexual violence. They can accompany you to the police station and help with costs related to the incident, such as medical bills. Additionally, the British Embassy can provide information on local support organisations and legal services.

Additional Considerations:

• Drinking alcohol is not a crime in Bahrain, but blatant public intoxication is.
• You have the right to attend all interrogations and view and copy any documents related to the case.
• You can choose to report the crime from another country, and the Bahraini authorities will be involved through security and judicial cooperation.
• If you decide not to report the crime, you will still have access to medical care and can get examined privately.

The Bahraini legal system

The Bahraini judiciary is comprised of Criminal Courts, Civil Courts, and Sharia Courts. The Criminal Courts handle criminal matters prosecuted by the Public Prosecution, the sole authority competent to initiate and conduct criminal proceedings. The Civil Courts have jurisdiction over civil, commercial, and administrative disputes, as well as matters concerning the domestic relations and personal status of non-Muslims. The Sharia Courts handle cases related to the personal status of Muslims, except for inheritance disputes, which fall under the jurisdiction of the Civil Courts.

In addition to these courts, Bahrain has established other judicial bodies to handle specific types of cases. For example, the Constitutional Court, established in 2002, has exclusive jurisdiction over disputes related to the constitutionality of laws and regulations. The Bahrain Chamber for Dispute Resolution (BCDR) Court, established in 2009, handles economic, financial, and investment disputes exceeding a certain monetary value.

In the context of rape law, Bahrain has recently abolished a controversial provision (Article 353 of the penal code) that allowed offenders to avoid prosecution if they married their victims. This change demonstrates an effort to strengthen the rights of survivors of sexual assault and hold perpetrators accountable.

The age of consent in Bahrain

In Bahrain, the age of consent is 21 years old. This means that individuals aged 20 or younger are not legally able to consent to sexual activity, and such activity may result in prosecution for statutory rape or the equivalent local law.

Bahrain's statutory rape law is violated when an individual has consensual sexual contact with a person under the age of 21. The country does not have a close-in-age exemption, commonly known as "Romeo and Juliet laws" in the United States. These laws are usually in place to prevent the prosecution of individuals who engage in consensual sexual activity when both participants are significantly close in age, even if one or both partners are below the age of consent.

Because there is no close-in-age exemption in Bahrain, it is possible for two individuals, both under the age of 21, who willingly engage in intercourse to be prosecuted for statutory rape, although this is rare. Similarly, no protections are reserved for sexual relations in which one participant is 20 years old, and the other is 21 or 22 years old.

It is important to note that the age of consent in Bahrain is separate from the age of marriage. While the age of consent is 21, individuals aged 16 and above can marry with parental consent.

Additionally, it is worth mentioning that Bahrain is a Muslim country, and as such, there are several cultural and legal considerations regarding sexual relationships. For example, sexual relationships outside of marriage are illegal in Bahrain, and drinking alcohol is not a crime, but public intoxication is.

The process of police investigations

If you have been sexually assaulted in Bahrain, it is important to remember that it is not your fault and that rape and sexual assault are always wrong. It can affect you both physically and emotionally, so it is crucial to seek help.

If you choose to report the crime to the local police authorities in Bahrain, try to do so as soon as possible to retain forensic evidence. You can contact the British Embassy in Bahrain, which can provide information on local police and medical procedures. The Embassy staff will treat any information you share in strict confidence.

• Reporting the Crime: When reporting the crime to the police in Bahrain, there may be English-speaking officers available, but it is not guaranteed. You may request the presence of an Arabic-speaking Shamsaha Women's Crisis Advocate to accompany you. A female police officer should also be available, but this is not guaranteed. You will be asked to provide a medical report and any physical evidence, such as clothing, pictures, recordings, or other items that support your case.
• Medical Examination: Shamsaha's trained Crisis Advocates may meet you at the hospital to provide emotional and informational support. The hospital is obliged to report the crime and the results of any examination to the police. It is considered a crime not to report a rape or provide medical details related to the examination.
• Evidence Collection: Once the crime is reported, the police will look for corroboration and gather evidence. They will confiscate any physical evidence until Public Prosecutions investigate the case. They will refer you for a medical assessment to elicit specific details and prove any signs of injuries.
• Investigation and Arrest: During the investigation process, police officers have the right to go to the crime scene, conduct a detailed search for evidence, and possibly arrest the perpetrator. It is important to verify the identification of both the perpetrator and the victim through CPR/passport numbers.
• Defendant Detention: Police officers can keep the defendants in detention for up to 48 hours pending inferences. During this time, they will be interviewed by Public Prosecutions.
• Public Prosecution Investigation: Public Prosecutions will launch an investigation, hearing accounts from the victim, witnesses, and the forensic medical team. They will rely on any measures that help understand what happened at the crime scene and prove the defendant's guilt.
• Trial: Once the investigation is complete, the defendant will be referred for a trial. Both the victim and their lawyer can attend all interrogations, view and obtain copies of relevant documents.

It is important to note that Bahrain recently abolished Article 353 of the penal code, which previously allowed offenders to avoid prosecution if they married their victim.

Support for survivors of rape and sexual assault

If you are a survivor of rape or sexual assault in Bahrain, it is important to remember that it is not your fault. Rape and sexual assault are always wrong, no matter who commits them or where they occur. These acts are traumatic and can affect you both physically and emotionally. Do not be afraid to seek help.

• Contact emergency services: If you are in immediate danger, contact the international emergency number by dialling 999 from a local telephone.
• Get to a safe place: Your safety is the top priority. If possible, move to a secure location away from the assailant.
• Preserve evidence: If possible, avoid washing yourself or changing your clothes, as this may impact the preservation of forensic evidence. If you do change your clothes, consider taking the ones you were wearing to the police. Additionally, retain any items that may be relevant, such as condoms, toothbrushes, or text messages.
• Seek medical attention: Visit a medical centre or hospital as soon as possible. In some cases, you may be directed to the Salmaniya Hospital in Bahrain for reporting rape or sexual assault. The hospital staff will provide the necessary medical care and will report the crime to the police, as failing to do so is considered an offence. They will also provide you with a medical report, which is crucial for the investigation.
• Contact the British Embassy in Bahrain: Reach out to the British Embassy by calling +973 17574100 and selecting the option for emergency consular services. The staff will treat you with empathy and provide confidential assistance. They can offer information on local police and medical procedures and help you contact your family or friends if needed.
• Report the crime to the local police: While it is your choice whether to report the crime, doing so is essential for the investigation to proceed. Go to the police station and request the presence of an Arabic-speaking Shamsaha Women's Crisis Advocate to accompany you. There may also be English-speaking officers available. Provide them with a detailed account of the incident, any information about the perpetrator, and any physical evidence or supporting materials you have preserved. Insist on obtaining a police report with a case number, as this document will likely be in Arabic. The British Embassy can provide you with a list of translation services if needed.
• Seek support: You are not alone in this difficult time. Consider reaching out to support organisations such as Shamsaha, which offers 24/7 crisis advocacy for women survivors of domestic and sexual violence in both English and Arabic. They can provide emotional support, informational guidance, and logistical assistance. They can also help with transportation to the hospital, police station, shelter, or courts. Additionally, they offer follow-up sessions, including legal and therapeutic referrals, career support, and budgeting assistance.
• Access medical care and support upon your return to the UK: When you return to the UK, consider informing your GP or a Sexual Assault Referral Centre about what has happened. They can provide you with the necessary support and advice. If you believe you may have contracted an STI, get tested by your local health provider, even if you have already been tested in Bahrain.

Please note that the information provided here is intended to guide you through the available resources and options. It is not a substitute for professional medical or legal advice, and you may seek further guidance from trusted sources or authorities.

Frequently asked questions