Sexual Harassment Prosecutions
🔹 1. Legal Framework on Sexual Harassment in Afghanistan
Penal Code (2017):
Sexual harassment is defined and criminalized for the first time in the new penal code.
It includes verbal, physical, or psychological actions of a sexual nature that violate the dignity of a person.
Punishments:
Fines or imprisonment (up to 1 year for minor offenses; more for aggravated cases).
Public officials found guilty face harsher penalties.
Other applicable laws:
Labor Law prohibits harassment in the workplace.
Law on the Elimination of Violence Against Women (EVAW Law)—used when the victim is female.
🔹 2. Challenges in Enforcement
Cultural stigma: Victims (especially women) often fear reporting due to honor norms.
Lack of training: Law enforcement often lacks sensitivity training.
Judicial corruption: Some cases don’t reach trial or result in lenient sentences.
Witness problems: Victims rarely have witnesses; most harassment happens in private or online.
🔹 3. Detailed Case Studies on Sexual Harassment Prosecutions
🔸 Case 1: University Harassment Scandal (Kabul University, 2020)
Facts: A female student filed a complaint that a professor demanded sexual favors in exchange for passing grades.
Outcome:
Internal university inquiry confirmed misconduct.
The professor was dismissed and prosecuted under the Penal Code.
He was sentenced to 9 months in prison.
Significance: First known public sexual harassment case in a major Afghan university. Encouraged other students to speak out.
🔸 Case 2: Ministry Employee Case (2018)
Facts: A male supervisor in the Ministry of Education repeatedly harassed a female employee.
Legal Issues: Abuse of authority and repeated verbal/physical advances.
Outcome:
Convicted under both Penal Code and EVAW law.
Received a 1-year prison sentence and removal from office.
Significance: Rare successful prosecution of a public official. Set precedent for workplace harassment cases.
🔸 Case 3: Female Street Vendor Harassed by Police Officer (2019)
Facts: A woman selling goods on the street was harassed by a local police officer who made lewd comments and attempted to grope her.
Outcome:
Bystanders recorded the incident.
Officer was suspended, then prosecuted.
Sentenced to 6 months in jail and a fine.
Significance: Video evidence helped overcome typical barrier of lack of witnesses.
🔸 Case 4: Teenage Girl Harassed on Social Media (2021)
Facts: A teenage girl reported sustained online harassment, including threats and explicit messages.
Outcome:
Police tracked the perpetrator through social media platforms.
He was convicted under cybercrime and harassment laws.
Received a 1-year prison sentence.
Significance: Marked the first known prosecution for sexual harassment via digital platforms in Afghanistan.
🔸 Case 5: UN-backed NGO Investigation in Herat (2020)
Facts: Multiple female NGO staff reported harassment from a male regional manager, including unwanted touching and career threats.
Outcome:
Internal investigation supported the claims.
Afghan court prosecuted the manager after a criminal complaint.
He was convicted and given 1.5 years in prison, plus compensation to victims.
Significance: Shows accountability is possible even in international NGO settings when documented.
🔸 Case 6: Taxi Driver Harassment Case (2022)
Facts: A woman passenger accused a taxi driver of attempting to touch her inappropriately during a ride.
Outcome:
She reported the license plate.
The driver was arrested and convicted.
Sentenced to 5 months in prison under the Penal Code.
Significance: Encouraged awareness of reporting mechanisms among women commuters.
🔹 Summary Table
| Case | Setting | Offender | Penalty | Key Outcome |
|---|---|---|---|---|
| Kabul University | University | Professor | 9 months | First high-profile academic case |
| Ministry Employee | Government | Supervisor | 1 year + removal | Workplace accountability |
| Street Vendor | Public | Police officer | 6 months + fine | Video evidence crucial |
| Online Harassment | Social media | Civilian | 1 year | First digital harassment case |
| NGO Case | NGO office | Regional Manager | 1.5 years + compensation | NGO internal + legal action |
| Taxi Driver | Public transport | Driver | 5 months | Shows role of public reporting |
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