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Distance Indecent Assault Crime in Jordanian Law Perspective

Hamzeh Abu Issa1 & Mohammad Khater2

This article examines the extent to which the traditional texts related to indecent assault crime apply on the act committed remotely in the Jordanian Penal Code, that is, without physical contact with the victim. The texts show that the legislator did not define indecent assault, leaving that to jurisprudence and judiciary. And if it is established that this crime requires three elements for its occurrence: the material element, the moral element, and the victim’s disapproval (non-consent); However, the dispute was about the behavior constituting the
material element, so one opinion went to requiring actual contact with the victim’s body, while another direction/opinion went to no contact requirement, contenting with merely touching the victim`s honor. The majority of the Jordanian Court of Cassation rulings tended to follow the second direction, which does not require actual contact. After conducting the required investigation, the article concluded that the legislator should intervene by setting provisions in connection with distance indecent assault crime. As equality between the severity of contact and its absence is not fair.

Keywords: Penal code, Jordanian judiciary, indecent assault, cybercrime law, sexual crimes.