Date of Defense
11-11-2024 4:00 PM
Location
H2-1005
Document Type
Thesis Defense
Degree Name
Master of Private Law
College
COL
Department
Private Law
First Advisor
Dr. Mohamed Shaker Alhammadi
Keywords
Indecent Assault, Private Parts, Contact, Breach of Modesty.
Abstract
The crime of indecent assault is considered one of the serious offenses condemned by UAE law due to its violation of human dignity and ethical and social values. This research focuses on the evolution of legal texts related to this crime, particularly the changes introduced in Federal Decree-Law No. 31 of 2021 concerning crimes and punishments, compared to the UAE Penal Code of 1987. The research also addresses the amendments made to the rules governing this crime, such as raising the age of the victim from 14 to 18 years and abolishing the crime of indecent assault with consent in certain cases .
The study highlights that any contact or extension towards the victim’s private areas is considered an indecent assault under the law. It also points out that the degree of breach of modesty plays a crucial role in determining the occurrence and punishment of the crime. Furthermore, the study explores the judicial rulings related to this crime and how they have evolved to align with the social and cultural changes in the UAE. Among the key findings is that indecent assault through surprise, deceit, or trickery occurs only when the victim does not consent to the continuation of the acts against them. The concept of modesty varies across different societal groups, social environments, and values embraced by individuals within the same society. The study recommends that the UAE judiciary should not attribute consent to indecent assault cases falling under the first paragraph of Article 407. It also suggests that the UAE legislator should classify domestic workers as victims of indecent assault under the categories exempt from consent in the second paragraph of Article 407, as they are entrusted to their employers.
Included in
THE CRIME OF INDECENT ASSAULT IN UAE LAW
H2-1005
The crime of indecent assault is considered one of the serious offenses condemned by UAE law due to its violation of human dignity and ethical and social values. This research focuses on the evolution of legal texts related to this crime, particularly the changes introduced in Federal Decree-Law No. 31 of 2021 concerning crimes and punishments, compared to the UAE Penal Code of 1987. The research also addresses the amendments made to the rules governing this crime, such as raising the age of the victim from 14 to 18 years and abolishing the crime of indecent assault with consent in certain cases .
The study highlights that any contact or extension towards the victim’s private areas is considered an indecent assault under the law. It also points out that the degree of breach of modesty plays a crucial role in determining the occurrence and punishment of the crime. Furthermore, the study explores the judicial rulings related to this crime and how they have evolved to align with the social and cultural changes in the UAE. Among the key findings is that indecent assault through surprise, deceit, or trickery occurs only when the victim does not consent to the continuation of the acts against them. The concept of modesty varies across different societal groups, social environments, and values embraced by individuals within the same society. The study recommends that the UAE judiciary should not attribute consent to indecent assault cases falling under the first paragraph of Article 407. It also suggests that the UAE legislator should classify domestic workers as victims of indecent assault under the categories exempt from consent in the second paragraph of Article 407, as they are entrusted to their employers.