Debauchery and Incitement to Debauchery in Egyptian Legislation.
The paper concluded with several summaries as:-
1- Egyptian legislation does not include any reference to the term “Homosexuality” nor does it define it.
2- The Court of Cassation has interpreted the term “Debauchery” which is included in Law No. 10/1961 on Combating Prostitution, to mean “sex between men.”
3- The crime of debauchery as prescribed in Article 9; Paragraph (c) of Law 10/1961 is unconstitutional. First, the word debauchery is ambiguous, and vague. Second, the linguistic and terminological definitions of the word do not specifically express the act of sex between men.
4- Egyptian legislation does not criminalize sexual act between women “”Lesbianism”.
5- Elements of the crime of “inciting debauchery” are not be satisfied simply by the act of raising a flag, regardless of its symbolism.
6- The forced anal examinations conducted on suspects- “the accused”- to determine their sexual orientation constitute a form of torture. More so, these examination should not be relied upon as incriminating evidence before the court, as it was obtained through an illegal procedure, specifically a violation of right to bodily integrity, which is protected in the Egyptian Constitution.Download the English version