The Crime of Sexual Harassment Under Libyan Law (A Comparative Analytical Study)

Abstract

The crime of sexual harassment is considered one of the complex sexual offenses. The Libyan legislator has criminalized only one form of this crime, namely electronic sexual harassment, under Article (22) of Law No. (5) of 2022, without accurately defining its legal elements. Moreover, the legislator deviated from sound legislative policy by classifying sexual harassment as “harassment of others,” which contradicts its legal meaning under Article (472) of the Penal Code. In addition, it requires special criminal intent, unlike other crimes against honor and public morals, which rely on general criminal intent. Furthermore, sexual harassment was criminalized under a special law, despite being included within existing criminalization models under Article (420 bis), resulting in insufficient legal protection for the protected interest. The study concludes by emphasizing the need to revise the legislative framework governing sexual harassment in Libya to ensure broader and more effective legal protection for victims.