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.

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Hussein Kamel - author