Indecent Assault via Technology under Jordanian Criminal Act: A Comparative Study

Abstract

Objectives: The study highlights the legislative shortcomings in addressing the crime of electronic indecent assault within the Jordanian Cybercrime Act No. 17 of 2023. It also proposes legislative solutions, particularly since the law does not explicitly address this crime, which the Jordanian judiciary has adjudicated.

Methods: The study employed a qualitative descriptive-analytical approach, reviewing relevant legal provisions, analyzing their content, and comparing them with other legislations. Additionally, it drew upon judicial precedents and legal opinions to provide a comprehensive perspective on the legal challenges posed by the examined legal text.

Results: The study concluded that the Jordanian Cybercrime Act No. 17 of 2023 does not define the concept of electronic indecent assault, nor does it explicitly criminalize it. However, Jordanian courts have relied on the Penal Code to classify acts, such as viewing the victim’s intimate parts, through electronic means, as a complete offense of indecent assault.

Conclusion: While the Jordanian Cybercrime Law No. 17 of 2023 covers crimes such as sexual exploitation and the dissemination of pornographic materials, it fails to specifically address electronic indecent assault, thereby creating a legal loophole in addressing this crime. The study, therefore, recommends several measures, including adding a provision criminalizing indecent assault through technological means to address this legislative gap.