Sexually assaulted by a Filipino in Kingdom of Saudi Arabia

anonymous
This person has chosen to hide his/her identity.

I would like to ask whom we should seek help regarding my sister's case who's based in Saudi. She was sexually assaulted by a fellow Filipino when her husband and child was not at home. She would like to take legal action to stop the person from repeating the grave act.

She's afraid baka baligtarin ang pangyayari since she didn't have enough evidence to support the assault. It happened last Sept. 16 at their home in KSA. We advised her to go back to Pinas and file the case here. Pwede po ba ito? We are worried about her and her child's safety. We do not know where to file the case and what type of lawyer to seek. Please, please help us. Many, many thanks.

 

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Adelaimar C Arias-Jose
is a Legal expert in the Philippines
Naku, I am so sorry to hear about this. There are a few things that you have to know about sexual assault in a Muslim country.

1. First, while sexual assault or rape is a crime, usually, the woman is blamed. The woman is humiliated because there is a presumption that the woman was raped because she was "flirting" or "asking for it".

2. In this way, Muslim laws are heavily biased against women.

3. It is not a good thing that the person who was sexually assaulted was a foreigner -- a Filipino. Anecdotal evidence has cropped up where law enforcement officials in Saudi Arabia have told Filipinos who become victims of crime in Saudi Arabia that they should not have gone to KSA because if they had not gone to KSA, then they would not be victims of crimes.

4. You can only file a case for sexual assault in KSA even if it was a Filipino who committed the rape against another Filipino. This is because crimes are usually prosecuted in the places where they are committed. So, Saudi law governs the sexual assault that transpired. It is not Philippine laws that apply even Filipinos are both the accused and the victim.

5. If the Filipina was sexually assaulted, and she fails to prove it, the Filipina might be charged with adultery and she will be punished for it. So, it is very dangerous to make an accusation of sexual assault if there is no evidence.

6. If a woman is sexually assaulted, the woman should immediately report the assault. When she makes the report, she should be accompanied by her husband. It is actually the husband who will report the sexual assault in behalf of his wife.

7. The woman should have a thorough physical examination -- if she has injuries (bruises, cuts, etc) these will make the case stronger.

8. The woman's dwelling should also be photographed -- if the door was kicked in, if furniture was broken -- any sign of forced entry or struggle should be photographed. This will make the case stronger.

9. The woman should have legal representation -- try looking for a non-government organization that helps women file cases for sexual assault in Muslim countries (ask Migrante or Amnesty International for help). Always have a lawyer represent the woman.

10. In the end, the man may not be jailed. All that might happen will be that money will be paid for the assault if the assault is proved. This is the way that Saudi laws work.

I am not trying to discourage you, but you have seen Filipinos who come home maimed and disabled because they were maltreated by their employers -- still they have not gotten compensation and their abusive employers have not been jailed. This same thing might happen to the woman who was sexually assaulted.

This is one of the risks of being a stranger in a foreign land and being without friends or relatives. Our government is weak and so it cannot help you there.

I am sorry to bring this bad news to you. Ask around, you might find that SAudi laws may have already changed.
anonymous
This person has chosen to hide his/her identity.
Hi Atty. Bimbi, Thank you so much for your quick reply. I sincerely appreciate it. I will inform my sis re your advice.
anonymous
This person has chosen to hide his/her identity.
I think the man who sexually assaulted her planned and knew that he could get away with it. And I also heard that she's not the only one who was victimized, there were other women as well but refused to file cases against him hence, another heinous crime was committed. I felt saddened by our weak government because despite the OFWs enormous contribution to our economy, they are lacking in supporting and helping their people abroad. Perhaps she could file a police blotter in the Philippines for her safety if ever she comes back to her home country???
Adelaimar C Arias-Jose
is a Legal expert in the Philippines
No one will stop you from having the incident entered into a police blotter in the Philippines. From the point of view of a criminal prosecution, the blotter entry in the Philippines about a sexual assault tat occurred in Saudi Arabia will be useless. Philippine courts cannot countenance a criminal prosecution for a criminal act committed in another country.
You can probably file a civil case for damages but, if the victim did not file criminal charges against the man who assaulted her at or around the time of the assault, any civil action filed many months after the sexual assault occurred will be perceived as an afterthought.
The best thing to do is to file a criminal charge where it occurred. But then, you must have evidence-- medical certificate of any physical injuries sustained; any evidence such as blood, semen, which can be used to prove that the assault was truly committed by the person being accused of the assault.
Best of luck to you.
Thank you very much Atty. Bimbi for your non-stop advice support , Godbless you..

About the author

Adelaimar C Arias-Jose

I am a graduate of the UP College of Law. Member of the Integrated Bar of the Philippines since 1995. I am currently involved in private practice in criminal, civil and labor law.
Profession: Lawyer
Adelaimar C. Arias-Jose
Office Address: #34 St. Michael Street
Philippines , Manila , Makati
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