The Crime of Harassment in Jordanian Law: Elements, Penalties and Proof
The crime of harassment affects a person's dignity, personal freedom and sense of safety, and it is one of those files where it is hard for a non-specialist to determine precisely where it stands in law. The reason is that the Jordanian Penal Code No. 16 of 1960 and its amendments did not give harassment a separate, explicit provision under the name "sexual harassment", but distributed the treatment of this conduct across several provisions that criminalize indecent fondling and indecent acts, words and gestures. This scattering of provisions is precisely what makes characterizing any particular set of facts a delicate matter that requires a specialist lawyer's assessment before any step, whether on the side of the person who was harassed or on the side of the person to whom the act is attributed.
1. The Concept of Harassment and How Jordanian Law Deals With It Without a Separate Provision
Harassment means any unwanted conduct by one person toward another that involves suggestions, words, acts or gestures of a sexual or indecent nature capable of harming the victim's dignity or infringing their personal freedom. This is the common understanding of harassment, but Jordanian law does not capture it under this single name.
The angle many people overlook is that the Jordanian legislature, despite increasing the penalties for this type of act, did not set out the term "sexual harassment" as a separate offense. Instead, it criminalized the acts that constitute harassment through a set of scattered provisions in the Penal Code, dealing with indecent fondling, indecent acts, and immoral speech or gestures. In practice this means that a single set of facts may fall under more than one legal form, or may sit on a fine dividing line between an act the law punishes and one that does not reach the threshold of criminalization. Determining which of these multiple provisions the facts are prosecuted under is in itself a legal question that is not settled by a general reading of the provisions, and the lawyer examines it in light of the facts and evidence in the file.
2. The Elements of the Crime of Harassment
In characterizing the act and attaching a criminal description to it, the court relies on the presence of a set of elements. Understanding these elements explains why not every disturbing incident becomes a complete crime, and why the criminal description may fall away if one of them is missing:
The criminal conduct. This consists of any act, word, gesture or behavior of a sexual or indecent nature that takes place without the victim's consent. The absence of consent is an essential component of this conduct.
The occurrence of harm. This consists of the physical, psychological or moral harm suffered by the victim as a result of the conduct committed.
The causal link. There must be a direct relationship linking the act committed to the harm resulting from it, so that the harm is an effect of the act and not of some other, separate cause.
Criminal intent. This exists when the offender's will is directed toward committing the indecent act with knowledge of its unlawful nature and its effects on the victim.
Assessing whether these elements are actually present in a particular set of facts is not a simple calculation; it depends on a careful reading of the facts and the evidence, and it is a point the lawyer settles after reviewing the file, not before.
3. The Forms of Harassment: Act, Word, Gesture and Electronic Means
The forms of harassment dealt with by the provisions vary, and the provision under which each form is prosecuted differs according to its nature. The following table sets out this distinction from the perspective of Jordanian law, without replacing the lawyer's characterization of each case on its own:
| Form of harassment | Provision under which it is dealt with in Jordanian law | Its distinguishing element |
|---|---|---|
| Physical harassment | The provisions on indecent fondling and indecent acts | Contact or a physical act of a sexual nature committed against the victim without their consent |
| Verbal harassment or harassment by gesture | The provisions on indecent speech, gestures and movements | Indecent expressions, words or gestures directed at the victim without their consent, with no physical contact required |
| Harassment in public places | The provision on an indecent act or gesture committed publicly | The act being public, or taking place in a way that enables others to see it |
| Electronic harassment | Its characterization depends on the nature of the act and the digital means used | The use of an electronic means to deliver the indecent conduct |
This distinction shows that physical harassment is not the only thing the law criminalizes, and that words and gestures may also reach the threshold of criminalization. Determining which form applies to a particular set of facts, and the provision under which it is prosecuted, nonetheless remains one of the essential points a specialist lawyer raises at the start of the case, because a difference in form brings a difference in description, penalty and method of proof.
4. The Penalty for Harassment in Jordanian Law
The Jordanian legislature has taken care to increase the penalties relating to harassment and indecent acts, and the penalty differs according to the nature of the act committed, the surrounding circumstances and the status of the victim. The following sets out the level of gravity the law has prescribed, with the caution that determining the penalty that applies to a particular set of facts is not done by mechanically matching figures, but depends first on characterizing the act and then on the trial judge's assessment in light of the circumstances of the case:
In the form of indecent fondling, the law sets a penalty of imprisonment for not less than one year for anyone who indecently fondles a person who has not completed eighteen years of age, or a person who has completed eighteen without their consent. In the form of verbal harassment or harassment by gesture, the law prescribes imprisonment for not less than six months for anyone who directs indecent expressions, words, gestures or movements at any person without their consent or at any minor who has not completed eighteen. As for indecent acts committed in a public place or in a way that enables others to see them, the law sets a penalty of imprisonment for not more than one year and a fine.
Practical note: The figures above express the level of gravity the law has prescribed for each form, but they are not a basis for readers to apply to their own situation, because characterizing the act under the correct form, and determining whether an aggravating circumstance exists, comes before any discussion of the penalty and changes it fundamentally. And because the provisions may be amended from time to time, the lawyer relies, when assessing the file, on the most recent version of the law in force, a point on which the figures in circulation are not enough without consulting a specialist lawyer.
5. Aggravating Circumstances
The penalties prescribed for these crimes are doubled in a number of cases that indicate the act is more serious or that the offender has exploited their position. Among the most prominent of these circumstances are the offender being one of the victim's ascendants or among those the victim is forbidden to marry, being responsible for the victim's upbringing or care, or holding legal or Sharia authority over the victim. Added to this are the victim being unable to resist because of physical or psychological incapacity, the crime being committed by more than one person, or the crime being repeated. In some cases of repetition, the penalty of imprisonment may also not be replaced with a fine.
Whether or not an aggravating circumstance exists is not a formality, since it turns the description of the case and its penalty upside down. Assessing whether one of these circumstances applies to a particular set of facts, especially in cases of kinship or authority, requires a careful analysis of the relationship between the parties and of the circumstances of the act, and it is among the most important things the lawyer examines when building a position in the file.
6. Harassment of Children
The Jordanian legislature gave children special protection as the group most exposed to exploitation and abuse. It increased the penalties in cases of physical or verbal harassment committed against children, and treated a relationship of kinship, guardianship or care as an aggravating circumstance requiring the penalty to be doubled. This protection rests on the premise that a minor's consent carries no weight in this context, and that the child's position in relation to the offender, where the offender is a guardian or carer, makes the act more serious.
Cases of harassment of children are among the most sensitive and complex files, because of the regard they require for the child's best interests and the confidentiality of the proceedings, and because of the severe penalties that follow from their characterization. This sensitivity makes the involvement of a specialist lawyer from the first moment essential for both parties.
7. Proving the Crime of Harassment and Its Difficulty
These crimes are among the hardest to prove, since they are often committed away from the eyes of others, with no one present but the offender and the victim. For this reason the law opened the way to proving them by all lawful means of proof, including witness testimony, text messages and electronic conversations, lawful audio and video recordings, technical and medical reports, the offender's confession, and presumptions that satisfy the court. The court has broad discretion in weighing this evidence and drawing the truth from the facts presented to it.
This broad discretion is exactly where the difficulty lies. The lawfulness of the evidence, how it was obtained and how consistent it is may be the subject of serious dispute before the court, and evidence may be excluded because of a defect in the way it was obtained or because it conflicts with other evidence. Assessing whether the evidence available in a particular file is sufficient to build the court's conviction, or open to rebuttal, is a delicate technical question that is not settled by general impression, but requires someone who reads the file with a specialist's eye. For this reason, building or rebutting a case on proof is not work a party undertakes alone; it is at the core of the lawyer's work. To understand how this proof and its elements differ from other offenses against honor, see the difference between indecent assault, rape and harassment in Jordanian law.
An important warning for anyone who finds themselves a party to facts of this kind: do not deal with the evidence or correspondence yourself before consulting a specialist, and do not make any statement or admission before your lawyer is present, because a single ill-considered step may harm the legal position in a way that is hard to undo later.
Frequently Asked Questions
Does Jordanian law provide for a crime called "sexual harassment" specifically?
The Jordanian Penal Code does not set out the term "sexual harassment" as a separate, standalone crime. Instead, it deals with the acts that constitute harassment through several scattered provisions relating to indecent fondling and indecent acts, words and gestures, and this multiplicity of provisions is what makes characterizing each set of facts on its own a matter that calls for a specialist lawyer's opinion.
Is punishable harassment limited to physical contact?
No. The law deals with forms that do not require physical contact, such as indecent expressions, words, gestures and movements directed at the victim without their consent. Determining whether a particular word or gesture reaches the threshold of criminalization, however, differs according to the facts of each case.
What makes the crime of harassment difficult to prove?
These acts often take place away from the eyes of others, so there are no direct witnesses. Although the law allows proof by all means, the lawfulness and consistency of each piece of evidence may be disputed, which makes assessing the sufficiency of the evidence technical work subject to the court's assessment, and one that needs a lawyer who reads the file.
When is the penalty doubled in harassment crimes?
The penalty is increased in cases that indicate greater seriousness, such as the offender being one of the victim's ascendants, among those the victim is forbidden to marry, or among those with authority over the victim, or the victim being unable to resist, or the act being repeated or committed by more than one person. Whether any aggravating circumstance applies to a particular set of facts requires careful legal analysis.
How does the law deal with harassment of children?
The law gives children heightened protection, increasing the penalties in cases of harassment against them and treating a relationship of kinship, guardianship or care as an aggravating circumstance. The sensitivity of these cases and the severe penalties that follow from them make engaging a specialist lawyer a necessity for both parties.
What is the difference between harassment and indecent assault in Jordanian law?
Indecent assault (hatk al-'ird) presupposes a physical assault of a sexual nature on the victim's body, whereas harassment may occur without physical contact, through words or gestures. The distinction between the two descriptions directly affects the characterization of the case and its penalty, and it is one of the points the lawyer settles after studying the facts.
Legal Consultation
Harassment cases are extremely sensitive for both parties: on the side of the person who was harassed, there is a need for legal support that protects their dignity and rights and handles the file confidentially; on the side of the person to whom the act is attributed, there is an accusation that may carry serious penalties and requires a solid defense from the first moment. The difficulty of proof in these crimes, and the multiplicity of provisions under which the facts may be prosecuted, make the correct legal characterization of the act a decisive step that is not left to personal judgment. For specialist legal consultation in criminal cases, or to understand related matters through our articles on the crime of indecent assault in Jordanian law and the crime of rape in Jordanian law, you can contact Alabwini Law Firm.
