middle east law and governance 6 (2014) 1-23
© koninklijke brill nv, leiden, 2014 | doi 10.1163/18763375-00602001
300854
brill.com/melg
Informal Transactions with the Police
The Case of Tunisian “Sex Crimes”
Maaike Voorhoeve1
Post-doctoral fellow in the Rechtskulturen Programme of the Forum
Transregionale Studien, Wissenschaftskolleg zu Berlin and Humboldt
Universität
Abstract
This article examines the intersection between, on the one hand, informal transac-
tions with the police and, on the other, ‘sex crimes.’ Although prohibited by law, infor-
mal transactions have not been eradicated from the dealing between the police and
civilians in Tunisia. Such transactions take place in case people have violated the
law, but also, as this paper shows, when people have committed a ‘crime’ that is not
described by legislation. In these cases, extra-legislative, informal norms are at play
in two ways: the informal norm prescribing ‘paying off ’ the police officer, and the
informal norm prohibiting a certain dealing between the sexes. By describing the
workings of such transactions in detail, this article presents an insight in what Blundo
and De Sardan call the ‘état du quotidien’ in Tunisia under the authoritarian regime.
Keywords
Tunisia – bribery – police – sexuality – informal norms
On 4 September 2012, the rape of a young Tunisian woman by a group of
policemen made the headlines of the Tunisian newspapers. In the night of
3 September 2012, three policemen were driving around when they noticed a
1 Special thanks go to Feriel Bouhafa, Jessica Carlisle, Willy Janssen, Malika Zeghal and an
anonymous reviewer for their useful comments on previous versions of this article. Thanks
as well to the Islamic Legal Studies Program of Harvard Law School for offering me the
opportunity to carry out this research for one academic year at their institute.
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