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Indecent Assault Case in the UAE

Indecent Assault Case in the UAE

Indecent Assault Case in the UAE, We can define an indecent assault case in the UAE as a crime committed by a perpetrator as a result of engaging in physical acts that violate modesty and decency.

These acts are performed directly on the victim’s body and involve touching their private or sensitive parts that people are keen to cover and protect.

Indecent Assault Case in the UAE

An indecent assault case in the UAE is considered valid whether it was committed with the victim’s consent or without it if the victim is under 18 years of age.

The UAE legislator, in Article 407 of Federal Decree-Law No. 31 of 2021 (the UAE Penal Code), has penalized indecent assault with imprisonment and a fine of not less than AED 10,000, or one of these two penalties, if the act was committed with the victim’s consent.

The penalty for indecent assault against a minor, whether male or female, is aggravated to imprisonment from ten to twenty-five years, or if the crime was committed with physical or moral coercion.

The penalty can reach death if the act of indecent assault leads to the victim’s death. With the assistance of a specialized firm like Samaha Legal Consultancy, you can understand all the aspects of an indecent assault case in the UAE and how to deal with it.

Read also: Best and Most Skilled Cassation Lawyer in the UAE

What Are the Grounds for Acquittal in an Indecent Assault Case in the UAE?

The grounds for acquittal in an indecent assault case in the UAE relate to how the assault is proven and the absence of the crime’s elements. The absence of the physical or moral element of the crime can lead to acquittal.

The physical element is absent in an indecent assault case in the UAE when the act was not committed by the defendant or if the causal link between the act and the outcome is not established, such as someone who trips on a sidewalk while crossing the street, tries to prevent a fall, and their hand accidentally lands on the victim’s private parts.

The moral element is absent in an indecent assault case in the UAE with the absence of criminal intent on the part of the defendant, for example, if they are insane, a non-discriminating child, or if the perpetrator mistakes the identity of the victim, believing her to be their wife and then realizing otherwise.

With the help of Samaha Legal Consultancy, you can understand the grounds for acquittal in an indecent assault case in the UAE in the correct legal manner.

What Are the Types of Indecent Assault Cases in the UAE?

Indecent assault cases in the UAE are divided into two types:

1. Indecent Assault by Coercion in the UAE: The crime of indecent assault by coercion occurs in the UAE if the act is committed against the victim as a result of physical or moral coercion exercised by the perpetrator.
The Penal Code considers indecent assault by coercion in the UAE to have occurred definitively if the victim is a minor under the age of 18.

2. Indecent Assault with Consent in the UAE: The crime of indecent assault with consent occurs in the UAE when it is committed by the perpetrator with the victim’s consent.
The crime is considered to have occurred whether it was with or without the victim’s consent.
However, this crime is considered a public right offense punishable by the UAE legislator, as it affects public order.
The judgment for an indecent assault case in the UAE with consent requires imprisonment for a term of no less than one year.
Therefore, it is best to submit a defense memorandum in an indecent assault case in the UAE with consent, which includes the defense and proof of the victim’s consent.
This is a service provided by a specialized law firm like Samaha Legal Consultancy.

Is Reconciliation Allowed in an Indecent Assault Case in the UAE?

Reconciliation is not allowed in an indecent assault case in the UAE because it is a public right offense, as it is a crime that affects public order and public morals in the UAE. Samaha Legal Consultancy can help you with these procedures in a legal manner.

Is an Indecent Assault Case in the UAE a Misdemeanor or a Felony?

The Penal Code considers an indecent assault case in the UAE a misdemeanor and punishes it with at least one year of imprisonment.

However, the penalty can be intensified to the point of execution if the indecent assault leads to the victim’s death, at which point it becomes a felony.

By working with Samaha Legal Consultancy, you can ensure the highest possible penalty for the perpetrator in the appropriate legal situation.

What Is the Crime of Indecent Assault in the UAE?

The meaning of indecent assault in the UAE is the perpetrator’s assault on the victim’s body in sensitive areas, represented by their private parts or any place that a person is keen to cover and protect from being touched.

The crime necessitates the punishment of the perpetrator and compensation for the victim’s indecent assault.

What Is the Role of a Specialized Lawyer, like Samaha Legal Consultancy, in an Indecent Assault Case in the UAE?

  • Providing Legal Consultations: A specialized lawyer from Samaha Legal Consultancy provides advice and guidance to the client regarding their legal status and the rights and duties resulting from the indecent assault case in the UAE. The specialized lawyer can assist you in understanding the available evidence and determining the most appropriate legal strategy for the case.
  • Analyzing Evidence and Determining Defenses: The specialized lawyer analyzes the evidence presented by the Public Prosecution or the other party in the indecent assault case in the UAE.
    They study the legal elements of the crime and argue for the absence of any of the elements, such as the physical or moral element, if they are not proven.

With the help of Samaha Legal Consultancy, you can understand the grounds for acquittal in an indecent assault case in the UAE in the correct legal manner.Contact Us.

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