Cybercrime against women in Yemen: How do they go unpunished?

In the paper titled "Cybercrime Against Women in Yemen: Legal Frameworks and Social Change,” published by the Arab Reform Initiative (ARI), researcher Monia Mohammed examines the increasing threat of online gender-based violence (GBV) in Yemen. She highlights how the rapid growth of internet access – over 9 million users as of 2023 – has exposed women to heightened risks of cyber harassment, blackmail, and defamation, particularly in a conservative society lacking robust legal protections.

This paper was produced as part of the training program “Public Policy and Active Citizenship”, a pillar of ARI’s project on “Fostering Critical Policy Analysis”. The training program aims to promote evidence-based research by providing up-and-coming scholars from within the MENA region with the theoretical frameworks and technical skills to enable them to write policy papers.

In her paper, the researcher concludes there are legal gaps that significantly increase the risks posed by cyber threats to Yemeni women, as their country’s current laws do not adequately address cybercrimes against women. Existing legislation, such as the 1994 Crimes and Penalties Law and the 2006 Law No. 40 on electronic financial operations, primarily focus on financial crimes and lack specific provisions for online gender-based violence. This legal void leaves women vulnerable and without clear avenues for justice. 

The rapid growth of internet access in Yemen – over 9 million users as of 2023 – has exposed women to heightened risks of cyber harassment, blackmail, and defamation, particularly in a conservative society lacking robust legal protections. How does this happen? And what can be done to protect women digitally in the country? These are the questions addressed by the new research paper published by the Arab Reform Initiative (ARI).

Societal challenges also play a major role in undermining the protection of women online, as victims often face societal stigma and blame, deterring them from reporting incidents. The absence of awareness and support systems exacerbates the issue, allowing perpetrators to act with impunity. 

One of the most telling examples occurred on August 26, 2020 in the capital, Sana'a. Yemeni society was shaken by the case of Abdullah al-Aghbari, who was beaten and tortured to death and videos of the incident were widely shared on social media. In the details of the incident, al-Aghbari had obtained evidence proving that the owners of the Al-Sebai Shop for the sale and maintenance of mobile phones in the Al-Qiyada neighborhood in Sana'a were blackmailing women and girls after emptying their phones. As a result of him finding out, al-Aghbari was attacked and killed, and a video clip was circulated in which he was subjected to the most severe forms of torture. The incident mobilized public opinion in Yemen, with demonstrations in the streets of a number of Yemeni governorates and social media campaigns demanding that the perpetrators of the murder be punished to the fullest extent possible. The East Amana Court in Sana'a issued the fastest judicial verdict against the perpetrators in order to control community anger, and the court's decision included death sentences for several perpetrators and imprisonment for others.

In another case that shows the increasing robustness of the judicial system, what the Saira Court of First Instance in Aden recently issued is considered the first verdict in a criminal case related to the crime of cyber extortion. The judgment was headed by Judge Sarah Abdul Rahim Baamer and the Undersecretary of the Press, Publications and Electronic Publishing Prosecution, Judge Khaled Al-Hassani, and should be considered a judicial precedent resulting from the efforts of women's groups in Yemen against cybercrimes. 

In this case, the defendants (Saddam M. and L. M.) were convicted of the charges against them, and it was reported that: “Saddam was sentenced to one year in prison, with credit for time already served in pretrial detention, and the remainder of the sentence was suspended. L. M. A. was sentenced to one month in prison starting from the date of her arrest. The court also ruled that the right to privacy (the victim’s claim) was removed due to her waiver of this right. […] Additionally, the court ordered the confiscation of the black "LT" mobile phone, model 3600, and the destruction of the "SanDisk" 16GB flash drive.” 

This ruling, a judicial precedent in Yemen, is largely attributed to the efforts of women’s groups and organizations campaigning against cybercrimes.

Based on the bitter experiences of female victims of cyber extortion crimes in Yemen, and in view of the legal shortcomings as well as the lack of social awareness on this issue, the researcher proposes some recommendations to fill the gaps in the hope of effecting radical solutions to protect women's lives, rights, and freedoms. 

These recommendations revolve around the development and implementation of legislative and policy measures that work to prevent cybercrime, deliver appropriate justice to victims, remove the security and judicial obstacles to achieving equality, justice and fairness for victims, and provide compensation commensurate with the gravity of the case and the psychological damage suffered by female victims. These recommendations are as follows:

* Develop and implement social policies and educational programs aimed at eliminating gender stereotypes, negative social norms, and discriminatory attitudes toward girls and women.

* Conduct capacity building and training for all employees of government agencies that deal with security, judicial, and cybercrime units to ensure that they follow the appropriate and correct mechanisms and protocols in these cases.

* Provide security and judicial authorities with the required human and financial resources to provide all types of support to victims.

* Ensure that victims have access to comprehensive support services, including mental health support and protection from domestic abuse.

* Raise public awareness through public education campaigns about cybercrime, the mechanisms available to report these crimes, the methods of support and protection available, and building solidarity with civil society organizations and women's groups.

* Establish the necessary oversight mechanisms to prevent, investigate, and punish law enforcement officials from committing misconduct, including discrimination against women, corruption, or bribery.

**This research paper was prepared by Monia Mohammed and is available in full on the Arab Reform Initiative (ARI) website.