Member of the advisory committee and Professor of Criminal Law at Benghazi University’s Faculty of Law, Jazia Shuaiteer, stated that Libyan legislation does not recognise a crime under the name “rape,” but instead defines crimes of intercourse (muwāqaʿa) and adultery (zinā). She made the remarks to Al‑Manssa following a rise in cases of adultery involving minors and foreign residents.
In July 2025, the NGO Médecins Sans Frontières (MSF) documented 17 forms of violence against illegal migrants in Libya. Women were identified as the most vulnerable group of 40 patients treated between 2023 and 2025, 80% reported experiencing one or more incidents of sexual or gender‑based violence, some of which were classified as torture.
Shuaiteer explained that penalties are harsher when the victim is a minor or has mental disabilities, in line with provisions of the penal code.
She noted that even under maximum severity, punishments for intercourse and adultery do not extend to capital punishment. The law applies equally to Libyans and non‑Libyans, as it covers all individuals within Libyan territory. However, she pointed out that in cases where the offender is non‑Muslim, punishment is limited to civil law provisions without invoking religious hudud penalties.
Shuaiteer further highlighted that some cases may end without a ruling, or a ruling may be issued but not enforced if marriage occurs. A legal provision stipulates that if the perpetrator marries the victim, proceedings are suspended for five years, provided no divorce takes place during that period. If the marriage endures, the case is dismissed.
