UAE provides stringent and severe penalties for actions related to sexual molestation, harassment and other indecent and immoral crimes.
Like other countries of the world, UAE legislators have also issued laws against unwelcoming sexual harassment or hostile behaviour. Sexual harassment at the workplace may include repeated offensive jokes unnecessary comments, unwelcoming touch, and intimidation amongst others. Any offensive behaviour which disturbs the work environment or makes it unhealthy for women to perform their professional duties should be immediately informed to the police authorities or to a lawyer to take relevant action.
The main aim of this article is to guide women in UAE to be aware of the laws regarding sexual harassment and the procedure to register a complaint about the same.
Federal Decree Law Number 31 of 2021 On the Issuance of the Crimes and Penalties Law criminalizes indecent or disgraceful behaviour towards women.
Article 413 defines sexual harassment as “any persistent behaviour to cause annoyance to the victim by actions, words, or signs, against the decency done repeatedly so as to induce him to respond to his own sexual desires or the sexual desires of others” and provides for criminal sanctions against sexual harassment crime. Article 413 states as follows.
“Any person who commits a sexual harassment crime shall be liable to a jail sentence for a period not less than one (1) year and a fine not less than AED ten thousand (10,000) or either one of these two penalties.
Shall be considered to be sexual harassment any persistent behaviour to cause annoyance to the victim by actions, words, or signs, against decency done repeatedly so as to induce him to respond to his own sexual desires or the sexual desires of others
The penalty shall be a jail sentence for a period not less than two (2) years and a fine not less than AED fifty thousand (50,000) or either one of these two penalties, if the act is committed by multiple criminals, or if the criminal is carrying a weapon, or if the victim is a child under the age of eighteen (18) years, of the criminal is one of the ascendants or unmarriageable kins “ Mahram” of the victim, or those entrusted with the upbringing or care or having authority over the victim, or the victim’s servant or the servant of any of those previously mentioned.”
Article 407 of the UAE Penal Code also states as follows.
“Any person who sexually molests a male or female shall be liable to a jail sentence and a fine, not less than AED ten thousand (10,000) or either one of these two penalties.
The penalty shall be imprisonment for a period not less than five (5) years and not exceeding twenty (20) years if the act or attempt is associated with force or threat.
Imprisonment for a period not less than ten (10) years and not exceeding twenty-five (25) years, if the victim is under the age of eighteen (18) years or lacking volition for whatever reason, or suffering from a physical incapacity or a health condition rendering such victim incapable of resistance, or if the criminal is one of the ascendants or the unmarriageable kins “Mahram” of the victim, or those entrusted with the upbringing or care or having authority over the victim, or the victim’s servant or the servant of any of those previously mentioned, or if the crime is committed in the place of work or study, or in a shelter or care facility.”
The UAE Penal Code also criminalises the commission of any indecent act under Articles 411 and 412.
Articles 411 and 412 states as below.
“Article 411
Any person who publicly commits an act against decency shall be liable to a jail sentence or a fine not less than AED one thousand (1,000) and not exceeding AED one hundred thousand (100,000). In the case of recidivism, the penalty shall be a jail sentence for a period not less than three (3) months and a fine not less than AED ten thousand (10,000) and not exceeding AED two hundred thousand (200,000) or either one of these two penalties.
Any person who says or commits any act against public morality shall be punished by the same penalty.
Any person who commits an act against decency with a female or a young man under the age of eighteen (18) years, even if not publicly, shall be liable to a jail sentence for a period not less than one (1) year.”
“Article 412
A jail sentence for a period not exceeding (1) year and a fine not exceeding AED ten thousand (10,000) or either one of these two penalties shall be imposed against any male who:
1- Offends the decency of a woman by words or actions on a public road or a frequented place.
2- Disguises himself in a woman’s clothing or enters a place for women or the entry into which is reserved for women only. If in this case, the criminal commits a crime, such matter shall be considered an aggravating circumstance.”
Furthermore, the following provisions of the UAE Penal Code provide the various punishments related to public immorality and fornication:
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Article 414: Anyone who is in a public place or a frequented place and incites the passers-by to engage in fornication by words or signs, will be liable to imprisonment, not more than 6 months and/or a fine not exceeding AED 100,000.
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Article 416: Anyone who publicly makes a statement, sings songs or shouts or speaks out against public morality, and any person who induces another person to engage in fornication in any way will be liable to a jail sentence not exceeding one month and/ or fine not exceeding AED 100,000.
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Articles 417 & 418: Any person who incites, encourages, seduces, or assists another person, either male or female and by any means, to engage in fornication or prostitution, shall be liable to a jail sentence for a period not less than one (1) year and a fine. The penalty shall be a jail sentence for a period not less than two (2) years and a fine if the victim is under the age of eighteen (18) years. A punishment not exceeding ten years will be imposed on a person who entices a male or female into fornication or prostitution by coercion or threat. If the victim is under the age of eighteen, the penalty would be temporary imprisonment of not less than 10 years.
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Article 422: Temporary imprisonment will be imposed on a person who habitually practices fornication or prostitution.
Additionally, the UAE also issued a new labour law, called the Federal Decree-Law No. 33 of 2021 On Regulation of Labour Relations. Under the new labour law, Article 14 prohibits sexual harassment, bullying, or any verbal, physical or psychological violence against a worker by the employer, or colleagues.
Procedure to File a Complaint
Any woman harassed in any way shall register a complaint at the nearest police station with the help of a lawyer mentioning the complete details of the act and the details of the harasser along with any evidence (if any). Upon registering the complaint, the public prosecutor will initiate the relevant investigation against the harasser and will draft a criminal report to determine the validity of the complaint and if satisfied, will pass on the file to the criminal court for their verdict.
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About the Author
Dr. Hassan Elhais publishes analysis of UAE criminal law matters, including sexual-offence allegations and the legal questions surrounding sensitive criminal matters. For readers researching a criminal lawyer in Dubai, his writing offers insight into the legal questions surrounding these topics. Explore his published work and practice-area information for further context.
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