The Beirut Waterfont, Dec. 9, 2020. (Credit: Matthieu Karam)
On the evening of March 28, 2023, at 9:40 p.m., British journalist A.T. was jogging along the Beirut Waterfront (formerly BIEL) in the city center, wearing a red T-shirt and listening to music through her headphones. She frequented this area for her runs during her three years in Lebanon.
As she jogged, she noticed a stranger on a bicycle following closely behind her. Suddenly, he grabbed her shoulder, causing her to fall to the ground, and then proceeded to assault her.
Despite her attempts to scream for help, the assailant silenced her and exerted pressure on her neck, making it difficult for her to breathe. He forcefully removed her clothing and assaulted her, biting her chest and forcibly grabbing her intimate parts, causing injuries to her face and body.
The attack occurred near the former KidzMondo children's leisure center.
In a moment of desperation, A.T. managed to send a brief text message to her fiancé without the assailant noticing.
When he realized she had used her phone, he flew into a rage, snatching the device from her and hurling it away before launching another assault.
Fortunately, the commotion attracted the attention of three passersby, who rushed to intervene upon hearing her screams. Together, they confronted the assailant, forcing him to flee.
They then assisted A.T., who was in a state of shock, helping her to her feet and offering comfort.
These events were recounted in meticulous detail in the judgment delivered on April 30 by the Beirut Criminal Court, presided over by Judge Nassib Elia and comprising judges Mireille Mallak and Fatme Majed.
The court sentenced the perpetrator, a 30-year-old Syrian national known as M.M., who entered Lebanon illegally in 2016, to five years' imprisonment for the attempted rape of A.T. and three other victims.
In addition to the prison sentence, the court ruled for M.M.'s permanent deportation upon completion of his term.
The criminal court, in its trial of the assailant for his actions against the four victims, adhered to the principle of non-accumulation of sentences, as clarified by a judicial source.
In this instance, A.T. initiated proceedings which the other three victims later joined.
The court's verdict rested upon a multitude of evidence, including testimonies from both the complainants and the accused, as well as the report provided by the forensic doctor who examined the victim's injuries at Geitaoui Hospital's emergency department in Achrafieh immediately after the attempted rape.
Furthermore, the judges considered the results of DNA tests and surveillance camera footage from the vicinity of the Beirut Waterfront in reaching their decision.
‘Sexual instinct’
M.M. was arrested on April 2, 2023, four days after the assault, and confessed to the crimes.
However, he later retracted his confession during interrogation before the examining magistrate, claiming it was coerced from him under torture in the presence of the intelligence service of the Internal Security Forces (ISF).
He alleged that on his way home from his job at an electrical equipment sales business, he had stopped at the Mohammad al-Amin Mosque in the city center to pray. However, upon encountering the young British woman, his sexual impulses "were aroused," prompting him to pursue her, as per details from the court ruling reviewed by L’Orient-Le Jour.
Additionally, the man confessed to investigators that he had acted upon his sexual urges whenever he encountered women passing by, particularly foreigners.
The arrest and subsequent media coverage marked a pivotal moment in the case. As part of its investigation, the ISF Directorate General took the proactive step of circulating a photo of the assailant to solicit additional testimonies.
In response, several individuals came forward, alleging that they had been victimized by the same attacker. The court validated the accounts of three additional victims, all Western women who had experienced assaults in the Geitaoui/Karantina/Mar Mikhael area in Beirut.
On Jan. 28, 2023, M.D., a Belgian woman, encountered M.M. near the Karantina bridge while on her way home in Geitaoui. M.M. harassed her, ultimately throwing her to the ground, kissing her and groping her. Faced with strong resistance, he eventually released her.
Similarly, V.P., a Dutch employee of a local NGO, leveled accusations against M.M. She reported that on March 6, 2023, as she departed her residence in Karantina en route to Mar Mikhael to meet friends, M.M. approached her under the pretense of taking a selfie together.
However, when she declined, he attempted to assault her, only to retreat when she fiercely resisted.
One afternoon in June 2023, M.B., an Italian national, was walking past Geitaoui Hospital on her way home nearby when M.M. approached her. He encircled her waist with his arms and attempted to take a photo with her.
Startled, the young woman swiftly fled as M.M. began to touch himself in public. On another occasion in Mar Mikhael, she confronted him, asserting that she recognized him. "It's my turn to take your photo now," she declared. She later presented this photo to investigators.
During questioning, M.M. confessed to occasionally loitering near an old pub on the Corniche al-Naher to engage in such behavior publicly.
New proceedings
During the hearing, the assailant's lawyer, Georges Samir Younes, argued that his client had "no criminal intent," contending that his actions amounted to nothing more than "an affront to public decency."
In an interview with L’Orient-Le Jour, the lawyer highlighted what he perceived as a procedural flaw in the case, stating that "no confrontation took place between his client and the victims before the examining magistrate and the criminal court," as "the victims did not appear."
Contacted by L’Orient-Le Jour, a judicial source confirmed Younes' assertion, though pointing out that two of the victims were represented by their lawyers.
Younes is considering appealing to the Court of Cassation within the stipulated deadline of May 15.
In response, A.T.'s lawyer, Diala Chehadeh, expressed her view that the court's verdict was "acceptable," though she believed that "the penalty should have been harsher, given that he was a repeat offender."
She emphasized the damage inflicted by the assailant on Lebanon's reputation as a haven for women and tourists.
Chehadeh highlighted the legal limitation regarding the classification of the act as “attempted rape,” which was initially specified in A.T.’s complaint, despite the discovery of digital penetration of the victim's private parts during the investigation.
The law currently confines the definition of rape to the sexual act itself.
Chehadeh advocated for a revision of the law in this regard, or at least for legal interpretations broadening the definition to encompass "any penetration of the female body by a foreign object."
It's worth noting that the French Penal Code has expanded its definition of rape to encompass "any act of sexual penetration of any kind whatsoever," committed through "violence, coercion, threat, or surprise."
Chehadeh also revealed that last December, she had requested the transfer of her client's case to the public prosecutor's office to initiate a public prosecution for attempted murder against the accused.
As per L’Orient-Le Jour’s information, this request has been granted, and the public prosecutor's office has commenced proceedings against him for this charge.
This article was originally published in L'Orient-Le Jour. Translated by Sahar Ghoussoub.