Explained: Why female fans at Qatar World Cup risk prison or flogging for reporting sexual violence

Publish date: 2024-06-05

Qatar hosting the 2022 World Cup has been controversial ever since the Gulf nation was awarded the tournament by FIFA 12 years ago.

Campaigners have highlighted human-rights abuses there including the illegality of homosexuality, the deaths of thousands of migrant workers and five-year prison sentences for protest.

Now, human-rights groups have expressed concerns to The Athletic over the reporting of incidents of sexual violence at the tournament this November and December, owing to precedents set by Qatari law.

FIFA — world football’s governing body — and the Qatari government have responded by stating they are happy with existing measures, with the latter saying they “protect and promote the rights of women”.

Yet several recent cases have seen the victim of a sexual or physical assault accused of extra-marital sex instead of receiving physical and emotional support.

This crime carries a prison sentence or, if the defendant is Muslim, the prospect of flogging — being beaten repeatedly with a stick or whip.

Flogging is prohibited by international human-rights law and is considered to breach the UN Convention against torture.

Rothna Begum, a women’s rights researcher at Human Rights Watch, tells The Athletic: “At any major sporting event, the risk of sexual violence increases greatly.

“In Qatar, women who face sexual violence — whether by their partners, colleagues, friends, or strangers — can find themselves prosecuted for extra-marital sex.”

May Romanos, a Middle East and North Africa researcher at Amnesty International, adds: “The testimonies we have already heard from domestic workers are harrowing. They ended up not wanting to report the case in court and wanting to return to their own country because they know they’ll probably lose their battle.

“You go to the police, and instead of being the victim, you become the accused.”

Survivors of sexual violence could also find themselves unable to access basic health services, such as emergency contraception or specialist antibiotics, without a marriage certificate.

Qatar’s supreme committee, which oversees the whole World Cup 2022 project, argues that “Qatar protects and promotes the rights of women, and this extends to all women visiting for the World Cup”, while FIFA insists “any fan who reports a sexual assault will have access to Qatar’s high-quality healthcare system irrespective of marital status”.

With travelling supporters from across the globe facing this possibility, and female fans disproportionately affected, The Athletic will explain:

Laws surrounding extra-marital sex, and how it is policed in Qatar
Repercussions for cases of sexual violence
Why major tournaments are a hotspot for these issues
The vulnerability of migrant workers
Whether Qatar is expected to relax its laws during the World Cup
How FIFA and Qatari organisers have responded

What are the laws in Qatar?

Qatar’s penal code contains a series of laws related to sexual intercourse, described by the Islamic legal term “zina”. Accusations of extra-marital sex are colloquially known as “love cases”.

Sex between unmarried couples is illegal in Qatar and covered by Article 281 of the penal code, which states: “Whoever copulates with a female over 16 without compulsion, duress or ruse shall be punished with imprisonment for a term up to seven years. The same penalty shall also be imposed on the female for her consent.”

Importantly, zina cases are interpreted through Islamic law, leading to different sentences if the defendant is Muslim. In the case of extra-marital sex, this could lead to a sentence of flogging — with 100 lashes a typical punishment.

These are among the most brutal sentences in the region. For example, in the neighbouring United Arab Emirates, a six-month prison sentence can be conferred only upon a complaint by a spouse or guardian of an involved party.

Until 2012, Qatar publicly announced the number of individuals convicted for having extra-marital sex. Typically, around 100 cases occurred per year, with 40 of those leading to flogging sentences. Public reporting has since stopped.

Similar laws exist for alcohol consumption, also regulated under Islamic law, with drinking only allowed in a small number of licensed public places. Public drunkenness is also illegal. However, flogging sentences are rarely passed for this offence.

In recent years, human-rights groups have sought to establish how widespread the implementation of flogging sentences has been. It is understood that while not always carried out, lashes can be the result if the defendant is physically fit.

Often, the defendant will spend one to three years in prison before then being deported from Qatar.

Why are there concerns for those who report sexual violence?

Multiple issues have been raised, beginning with the claim that zina laws disproportionately target women.

According to Human Rights Watch, this occurs for two reasons. “One is that women can become pregnant as a result of sex or rape, which means there’s evidence of the so-called crime,” Begum tells The Athletic.

“Second, women are far more likely to be victims of sexual violence. When they come to report it, that can be seen as an admission of guilt. If the person they accused claims it was consensual sex, that’s all that needs to happen for authorities to prosecute the survivor for extra-marital sex.”

Several cases have unfolded in this way, with Qatar’s rape laws — generally bringing life imprisonment for the guilty, or even the death penalty in certain scenarios — ensuring the accused will often claim mitigation by stating the sex was consensual.

This is acknowledged by the UK government, which warns in guidance on the foreign, commonwealth and development office website about visiting Qatar that “the survivor of the rape and/or sexual assault also faces being charged with having sex outside marriage”. The government do not explicitly recommend reporting the incident, instead leaving it to personal “choice”.

The United Kingdom Football Policing Unit, which works with the Home Office to provide policing and guidance for matches involving UK teams, confirmed to The Athletic that it would recommend the same advice.

Photographs of unmarried men and women together in a public space, without a facial covering, have been used as evidence in zina cases. Possessing your attacker’s phone number, or willingly getting in their car, might also be seen as proof.

Additionally, survivors of sexual violence are expected to show evidence of physical abuse, such as cuts or bruises, as part of their allegation. Without this, cases are often not seen to fulfil the penal code declaration that pardons extra-marital sex if done under “compulsion, duress, or ruse”.

This is a major concern for travelling supporters before the World Cup.

Qatar will host the World Cup (Photo: Christopher Pike/Bloomberg via Getty Images)

A 2018 study by the University of Glasgow found that 90 per cent of rape and sexual assault survivors knew their attacker — under current interpretations of Qatari law, that majority risk prosecution.

Aside from the legal risk, reporting sexual violence in the country brings other concerns.

“You might need immediate assistance,” explains Begum. “Emergency contraception, specialist prophylaxis (antibiotics) to reduce the risks of HIV/AIDS, testing for STIs (sexually transmitted diseases) — these are not available without a marriage certificate.”

The UK government also warns the survivor may have their passport withheld during any police investigation, or be subjected to travel bans.

In response to a direct question from The Athletic that asked whether travellers would have access to emergency contraception and antibiotics, the Qatari government claimed antibiotics and other “necessary treatment” would be available without a marriage certificate.

It did not comment on emergency contraception, which is not available in that country.

FIFA added to The Athletic that “health-care provisions apply to any fan, irrespective of marital status” but several sources, anonymised to protect their livelihoods, claim this is not always the case.

What cases have there been?

Amnesty and Human Rights Watch have recorded dozens of zina cases over the past decade, with not all defendants publicising their stories amid Qatar’s restrictive reporting laws.

However, several examples can be described.

In June 2016, a 22-year-old Dutch woman, named only as Laura, was convicted of extra-marital sex, fined 3,000 Qatari riyals (£580 then) and given a one-year suspended sentence.

Laura claimed she was drugged in a nightclub in Qatar before being sexually assaulted. She was arrested by Qatari police immediately after reporting the incident.

The defendant, who claimed the sex had been consensual, was sentenced to 140 lashes but not convicted on rape charges.

The following year, The New Humanitarian documented the story of Jo, a 26-year-old Filipino woman, who was sent to prison after her pregnancy was reported by her employers. She was released when her baby son was seven months old, on the condition she married the child’s father.

Qatar has faced questions over human-rights issues (Photo: Christian Charisius/Getty Images)

Paola Schietekat, a Mexican national, was working in Qatar for the World Cup’s delivery and legacy committee, focusing on health and sustainability.

Last summer, she was the victim of a physical assault by a fellow member of the Latin American community in the country. She reported the assault and burglary to the authorities, but the defendant claimed he lived at Schietekat’s address to avoid those more serious charges.

Both parties were instead prosecuted for extra-marital sex. Schietekat, as a Muslim, faced the prospect of flogging.

Interrogated in Arabic, the police refused to believe she was not in a relationship with the man. After her case was referred to the public prosecutor, she was forced to relive the assault in front of an all-male courtroom.

It is understood the supreme committee was in contact with Schietekat throughout the process.

Though Schietekat was eventually found innocent, she was forced to leave her dream job in Qatar, having not wanted to remain there after the court process.

Why do major tournaments increase the likelihood of sexual violence?

Qatar’s issues with reporting sexual violence will become even more of a concern during the month-long World Cup, with cases expected to rise.

Although the host nation’s strict alcohol and drug laws could dampen down some aggravating factors.

“The issue with the World Cup, or any major sporting event, is that the risk of sexual violence increases,” Human Rights Watch’s Begum explains. “It’s not just for fans, but for low-paid migrants such as hotel workers.”

The Athletic submitted Freedom of Information requests to the police forces of all cities that hosted matches at the men’s European Championship last summer, requesting a comparison between sexual violence figures before, during and after the tournament.

Read more: When is the World Cup final?

In London, the North West BCU (the policing unit in which Wembley Stadium, which staged five tournament games that month, is located) had a record 188 reports in June, higher than any other month on record.

Narrowing the focus to Brent, the borough in which Wembley Stadium is situated, last June saw 73 reports of sexual offences, then July, when both semi-finals and the final were played at the venue, saw 72. Those months’ figures were the highest recorded in five years, and significantly higher than the numbers for the May and August on either side, with the June number just one below the record high.

More widely, across the entirety of London, last June recorded more sexual offences (2,247) than any other month on record, with July only narrowly behind (2,153). The June tally was eclipsed by those for last October.

In the Spanish city of Seville, which hosted four games between June 14 and 27, there were 39 cases of sexual violence that month, 70 per cent higher than any other June on record. In Romania’s capital Bucharest, also the venue for four matches, there were 34 cases that month — 62 per cent higher than any other June.

Information supplied by police in Danish capital Copenhagen, another city to stage four games during the finals, revealed no statistically significant increase.

When contacted by The Athletic, domestic abuse charity Women’s Aid, which helps to address sexual violence, said in a statement: “Football does not cause abuse — there is no excuse for abuse and using football, alcohol, or other external factors as reasons or justifications for abuse, denies the true responsibility, which always lies with the perpetrator.

“However, increased alcohol consumption and the strong emotions associated with the game can cause existing abuse to increase in both severity and frequency.”

Why are migrant workers particularly exposed?

The World Cup should, of course, not be viewed in isolation. Migrant workers in Qatar have been experiencing these laws before the tournament, they will be dealing with them after it ends on December 18, and they are particularly vulnerable to their impact.

“The whole system is biased against the victims, especially when it’s a woman, let alone a migrant worker who is already discriminated against by laws such as the kafala system,” Amnesty researcher Romanos explains.

“Your sponsor could cancel your ID, and you become an illegal in the country as well as having this case to fight.”

Migrant workers will typically live in their employer’s home, raising the likelihood of being reported, while the unequal power dynamic can lead to further issues.

A United Nations report details this, writing: “The most vulnerable live in abject terror, reinforced by the threat of ‘absconding’ charges and the reasonable fear that their abusers will use morality laws, which criminalise premarital sex, to accuse them of zina.”

It adds that racial stereotyping could heighten issues, reporting that “sub-Saharan African women are presumed to be sexually available”.

There are also concerns over the language barrier during police investigations, with interrogations frequently occurring in Arabic, sometimes without a translator present.

Additionally, a person accused of having extra-marital sex will require legal aid or potentially the funds to leave Qatar.

“If you’re a migrant domestic worker, you do not have access to that,” Begum says. “You cannot always leave the employer’s home without permission. They are much more at risk of arrest and imprisonment, potentially flogging, and then deportation.”

Is Qatar likely to relax these laws during the World Cup?

Some observers have suggested the Qatari authorities may loosen the laws detailed here during the World Cup to avoid controversy amid the attention of the tournament.

However, no survivor or expert spoken to by The Athletic thought this would be the case.

Around the tournament, the main change is the creation of extra zones in which the purchase and consumption of alcohol will be allowed.

More widely, Qatar changed its kafala laws — a traditional system of labour-force governance — after international pressure in January 2020, making it easier for migrant workers to leave their employers without legal reprisal.

Asked about extra-marital sex, Begum said: “They haven’t done anything to change the laws. It was scary how in Paolo Schietekat’s case, a more privileged case, they went out of their way to prosecute her.

“By ultimately dismissing her case, the court were sending a message that, ‘Our judicial system works’.

“But the truth is that’s terrible. However you’re going (to the World Cup) — a fan, staff, working, whatever — you should not be in a situation where you’ve experienced violence and are being prosecuted by the state.

“Qatar should repeal all laws criminalising consensual sex, ensure measures to assist survivors to report sexual violence, and provide healthcare including emergency contraception and prophylaxis for HIV without requiring a marriage certificate.”

How have World Cup organisers responded?

The Athletic asked the Qatari government and the country’s supreme committee for delivery and legacy the following questions:

Will it be safe for female supporters to report sexual violence at the 2022 World Cup?
Will fans have access to support, translation and healthcare in the aftermath of an accusation of sexual violence?
What steps has the supreme committee taken to reduce the risk of sexual violence in Qatar?
Does the supreme committee recognise that visiting fans could be sentenced to flogging — a practice that breaks UN regulations on torture — for extra-marital sex or drinking?
What support did the supreme committee offer Paolo Schietekat during her case?

In response, a Qatari government official told The Athletic: “All visitors are protected by Qatari law. Assault is criminalised under the penal code and access to justice is a guaranteed right for all through Qatar’s legal system.

“The government operates women’s shelters and support services for victims of violence, including sexual violence. We have a process in place to ensure that protection, care and support is provided.

“Qatar protects and promotes the rights of women, and this extends to all women visiting Qatar for the FIFA World Cup 2022.”

It is understood the supreme committee will deliver an awareness session for all of Qatar’s hotels focused on harassment, abuse, and exploitation, while the organisers are also in dialogue with the National Human Rights Commission (NHRC) over support for assault victims.

However, with the NHRC being a government-run body, questions remain over whether Qatar will be marking their own homework.

What about FIFA?

The Athletic asked FIFA:

Will it be safe for female fans to report sexual violence at the World Cup? Does FIFA have any concerns?
Will FIFA pressure the supreme committee to ensure survivors of sexual violence have access to support, translation and healthcare?
Has FIFA put out any guidance around reporting and preventing sexual violence at this World Cup?
Has FIFA put out guidance on how to report and prevent sexual violence at previous World Cups?
What steps has FIFA taken to reduce the risk of sexual violence at previous tournaments?
Has FIFA received any assurances that zina laws will be relaxed during this World Cup?
How can FIFA guarantee a safe tournament in Qatar?

In response, FIFA claimed the legislation in place at the tournament fulfilled a “duty of care” to potential victims of sexual violence. Despite this, it also revealed it was still working to provide “psycho-social support to allow for the required care”.

FIFA also insisted that “any fan who reports a sexual assault will have access to Qatar’s high-quality healthcare system irrespective of marital status”.

A spokesperson told The Athletic: “FIFA has a zero-tolerance policy towards abuse, harassment and exploitation. FIFA’s commitment to protecting any individual from all forms of sexual violence is steadfast and we are implementing wide-ranging safeguarding measures across FIFA’s activities, including during FIFA competitions.

“In that respect, FIFA requires the hosts of all its competitions to ensure the safety and security of everyone participating at FIFA events, including a duty of care for potential victims of abuse. This will also be the case in Qatar, as the host country of the FIFA World Cup, and the legislation in place during the tournament allows for the implementation of this requirement.

“Furthermore, any fan will have access to Qatar’s high-quality healthcare system in case of any form of health hazard whilst in the country.

“In addition, FIFA operates its own human-rights grievance mechanism through which potential victims of abuse can report cases and is looking to collaborate with local institutions specialised in providing psycho-social support to allow for the required care.”

(Top graphic — photos: Getty Images/design: Eamonn Dalton)

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Explained: Why female fans at Qatar World Cup risk prison or flogging for reporting sexual violence