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Touching Person Under 14 Years

Touching Person Under 14 Years

Touching Person Under 14 Years 1500 1495 AmalKhamisAdvocates

Does touching the body of a person under 14 years considered as a mutual consent indecent assault crime?

Indecent assault may be committed against male or female. The answer as follows:

Touching the body of a person under 14 years is not mutual consent indecent assault crime but coerced indecent assault crime as we will indicate herein.

Article 356 of the Penal Code provided for a penalty of temporary imprisonment if the crime of indecent assault is committed against a male or female who is under fourteen years of age even if the crime committed with mutual consent. The legislator deems that the consent of those under this age is totally unreliable for lack of will. Therefore, it is sufficient for the requirement of coercion element in indecent assault crime, to be committed against a victim under 14 years of age.

And there is large difference between the two crimes:

The penalty for mutual consent indecent assault shall be imprisonment for at least a period of one year., whereas the penalty for coerced indecent assaults shall be the temporary imprisonment.

Indecent assault is disgraceful act that afflicts the body, private parts of the victims. Groping and touching the private parts of the victims is a crime of indecent assault.  Criminal intent   of indecent assault crime consists in the will of the offender to commit the act.

Is just the act of photographing the victim naked without consent considered coerced indecent assault?

Answer: Yes, it is a coerced indecent assault under article 356 of the federal penal code.

If a person committed the act of stalking and watching female in place where she changes her dress or any other place through a window and photographs her naked against her will, he is considered committing a coerced indecent assault under article 356 of federal penal code.

does the subsequent marriage deny indecent assault crime?

Subsequent marriage does not deny the constituent elements of the crime

Court of Cassation judgment No. 1/2016 Dubai, dated 25/1/2016

does the leave of marks on the victim body denying the coerced indecent assault crime?

Answer

Not non-leaving marks on the victim body does not deny the crime of coerced indecent assault or sodomy.

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