Rape and Statuary Rape In accordance with the UAE Penal Code Rape is defined as the perpetrator of the female victim who does not have a legitimate link WhatsApp: +971555570005
Rape and Statuary Rape
In accordance with the UAE Penal Code No. 3 of 1987 and its amendments
Rape is defined as the perpetrator of the female victim who does not have a legitimate link with her without her consent., thus rape is the contact of a man with a full sexual intercourse without the consent of the woman.
It is intended that penetration will occur even once even if the woman is not willing to do so, As a result of physical or moral coercion carried out by the offender, and rape is a felony punishable by the death penalty as confirmed in:
Article 354, which stated:
” Without prejudice to the provisions of the law on juvenile
delinquents and displaced(1), shall be sentenced to death pen-
alty, whoever used coercion in having sexual intercourse with
a female or sodomy with a male. Coercion shall be considered
existent if the victim is below fourteen years of age when the
crime is perpetrated ”
Based on the above article, it is necessary to state the following:
• Rape of a female and forced sodomy with a male is a single offense punishable by death.
• It is considered rape having sex with a female who is either willful or unconscious or has a mental illness.
• Sexual intercourse from behind is not considered rape even if it occurs under duress.
• The intercourse of a man to his divorced wife without her knowledge of the divorce and dissatisfaction with the intercourse when she learns about her divorce is considered rape.
• It is considered rape if the victim is less than fourteen years old at the time of commission of the crime.
In addition, the initiation of these crimes is considered a crime punishable by life imprisonment, as article 355 states:
” Attempt to perpetrate the crimes stipulated in the preceding Article (shall be sanctioned to life imprisonment .”
This has also been confirmed in the text of article 344 of Chapter II of the Penal Code, which deals with the offenses of abuse of liberty from which we quote:
” Shall be sentenced to imprisonment, whoever illegally
kidnaps, arrests, detains or deprives from freedom, a person by any means whatsoever and whether by himself or through the intermediary of others.
The penalty shall be life imprisonment in the following instances:
6- In case the purpose of the act is to draw profit, revenge, rape of the victim, disgrace him, injure him or have him perpetrate a crime.”
As a result, rape is punishable by death, while the offense of initiating rape is punishable by life imprisonment..
Second, Statuary rape :
The act of Statuary rape is a deliberate act that deliberately and grossly violates the victim’s shyness and is only in direct physical contact with the victim’s body.
The act is deemed to be an act of Statuary rape, as soon as the victim’s nakedness is revealed, even without prejudice to or infringement of it, (Aura) is any part of the body that the individual is keen to preserve and keep away from the eyes of others
The UAE legislator has criminalized the act of indecent assault and defined his sentence in article 356 which mentioned:
Without prejudice to two preceding articles, the crime of
” voluntary debasement shall be penalized by detention for a minimum term of one year, but if the said crime is perpetrated on a male or female below fourteen years of age or if committed by coercion, the penalty shall be term imprisonment. ”
Based on this, we can draw the following points:
• There is no specific sex for either party in the act of Statuary rape.
• An act of Statuary rape shall be carried out as soon as the victim is harmed in modesty, and no full sexual intercourse is required.
• If the victim is satisfied by the act, it is a misdemeanor punishable by imprisonment for a period not less than one year
• If there’s a use of force , threats or coercion, or if it falls on a person under the age of fourteen, it is a crime punishable by provisional imprisonment.
Thus, we have explained the concept of rape and Statuary rape as one of the crimes upon the body and shyness, and have established their respective penalties.
Attorney / Mohamed Al Marzooqi
Mohamed Al Marzooqi advocates & Consultancy
Lawyer in Abu Dhabi, Dubai – UAE