Any sexual behavior that’s unwelcome and offensive, humiliating, or intimidating is counted as sexual harassment. It can happen anywhere, whether it is school, college, university, or your workplace. Few sexual harassment cases are reported, as people are often unaware of their rights and the possible steps they can take in such unfortunate situations. If you are facing sexual harassment charges or need legal guidance, consult with an experienced criminal lawyer who can provide expert advice and representation. Sexual harassment is a punishable offense in UAE, and seeking legal counsel can help you understand your rights and options.
The sexual crimes are covered under Articles 358, 359, 361, and 362 of The Federal Law no. (3) Of 1987 promulgating the penal code.
Article 358: According to this article, any person involved in an indecent or disrespectful act shall be punished with impressment for up to 6 months or more. Moreover, if the victim is a minor under the age of 15, the imprisonment can increase up to 1 year.
Article 359: Anyone attempting to disgrace a female publically (physically or verbally) can face imprisonment up to 1 year and a fine of 10,000. A person trying to enter premises only allowed for women, in female clothing can also face the same penalties.
Article 360: Anyone, in a public place who passes impropriate/lewd massages or gestures can face imprisonment for up to 6 months.
Article 361: If anyone is guilty of publically seducing anybody, passing obscene remarks, signs, and so on is punishable with imprisonment of 6 months and a fine of AED 5000.
Article 363: If anyone tempts or convinces a minor female or male to practice prostitution or help them in the act, will be punished with imprisonment for 2 years and a fine.
The new laws enacted on 20 September 2021 suggest strict punishment for the offense of sexual harassment as compared to previous laws.
Article 414:
If anybody is found on public premises, trying to provoke people to engage in fornication shall be punished with imprisonment for up to 6 months and can also be liable to pay a fine up to ADE 100,000.
Article 415:
Anybody involved in going against public morality (making absurd statements, singing out loud, and speaking against morality) or anyone publicly convincing another person to engage in fornication of any kind will be punished with imprisonment for 1 month and a fine not more than AED 1000,000.
Article 417:
Anyone who provokes, seduces, assists, or encourages another person, to engage in prostitution or fornication will be liable to imprisonment of up to 1 year and if the victim is a minor the punishment can go up to 2 years.
Some of the acts counted as sexual harassment are listed below:
Anyone encountered or encountering sexual harassment can file a complaint at the nearest police station. one should provide proper details of the act, it can be helpful if any piece of evidence can be presented. Once the complaint is filed the police will start investigating the matter and will prepare a criminal report.
You can get help from the Ministry of Human Resources & Emiratisation (MOHRE), and there is a helpline (80060) that advises on how to file a complaint. Harassment can be stopped if the person subjected to harassment takes clear action. There should be a zero-tolerance policy against sexual harassment. The best thing about the new harassment laws is that they treat male and female victims equally. It is equally important to recognize that males can also be victims of sexual harassment. A few things must be kept in mind while filing a sexual harassment case, the alleged act of sexual abuse must be repetitive because the one-time act is not considered sexual harassment in UAE. The act committed by the culprit in absence of any trace of any sexual conduct won’t be qualified as sexual harassment. In any event, when the act is harassment and repetitive too and if the sexual nature is lacking, the victim can’t record a sexual harassment case. The act of sexual harassment must be completely unwanted, and unwelcomed by the victim. Last but not least getting legal advice can be very fruitful in fighting against sexual harassment.