Article 5 of the Saudi Anti-Human Trafficking Law
المادة 5 من نظام مكافحة جرائم الاتجار بالأشخاص
The article provides that the victim's consent is not taken into account in any crime provided for in the Anti-Human Trafficking Law.
Official text (Arabic)
This article has not been amended since the law was issued.
لا يعتد برضا المجني عليه في أي جريمة من الجرائم المنصوص عليها في هذا النظام .
This is the official Arabic wording, the only legally binding version. We do not translate the law itself; the explanation below is ours. Official source: Bureau of Experts at the Council of Ministers
Article 5 explained in plain English
This article is short but its effect is great: the victim's consent is not taken into account in any of the crimes the Law provides for.
This means that the accused cannot defend against liability by saying that the victim agreed or accepted. A person may at first accept traveling, working or staying with the offender and then find themselves exploited in one of the forms the Law prohibits, and their first acceptance changes nothing about the crime having occurred.
The article's provision is general and covers "any crime" in the Law, including the cases in which the penalty is increased under Article 4, such as where the crime is committed against a child, a woman or a person with special needs.
This article does not mean that the mere existence of a work or travel agreement is enough to treat an act as a crime; whether the crime exists depends on its elements being present as the Law sets them. The point is that the victim's consent cannot serve as a reason to negate it. Anyone who needs an assessment of a particular situation would do well to consult a lawyer specializing in criminal cases.
Practical example
Sarah agreed to a job offer in another city and traveled of her own free will, but she was then detained there and forced to work. The accused cannot argue that she agreed to travel and work, because Article 5 does not take the victim's consent into account.
Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.
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Frequently asked questions about Article 5 of the Saudi Anti-Human Trafficking Law
Does the victim's agreement excuse the accused in human trafficking crimes?
No. Article 5 provides that the victim's consent is not taken into account in any crime of this Law.
If a worker agrees to the work conditions and is then exploited, does their right fall away?
Their agreement does not negate the crime if its elements are present, because the victim's consent is not taken into account. To assess the situation it is advisable to consult a lawyer specializing in criminal cases.
Does the rule that consent is not taken into account apply to all the crimes of the Law?
Yes. The text is general and covers any crime provided for in the Law.
More articles on Defining Human Trafficking and Its Forms
- Article 1
The article defines four terms used in the Law: human trafficking, transnational crime, organized criminal group and child.
يقصد بالمصطلحات الآتية - أينما وردت في هذا النظام - المعاني المبينة أمام كل منها، ما لم يقتض السياق غير ذلك: 1 الاتجار بالأشخاص : استخدام شخص، أو إلحاقه، أو نقل
- Article 2
The article prohibits trafficking in any person in any form, and lists its means, such as coercion, deception, kidnapping and exploiting influence or vulnerability, and its prohibited purposes, such as sexual abuse, forced labor and begging.
يحظر الاتجار بأي شخص بأي شكل من الأشكال بما في ذلك إكراهه أو تهديده أو الاحتيال عليه أو خداعه أو خطفه، أو استغلال الوظيفة أو النفوذ، أو إساءة استعمال سلطة ما عل
- Article 17
The article provides that the Anti-Human Trafficking Law takes effect 90 days after the date of its publication in the Official Gazette.
يعمل بهذا النظام بعد (تسعين) يوما من تاريخ نشره في الجريدة الرسمية .
The texts are reproduced from the official website of the Bureau of Experts at the Council of Ministers for reference; where they differ, the officially published Arabic text prevails. This content is not legal advice.