Sexual Harassment Laws in the UAE: Penalties and Legal Rights | FHS Law firm

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How does UAE law deal with sexual crimes and harassment?

What Are Sexual Crimes and Harassment in the Law of the United Arab Emirates?

In the United Arab Emirates, a remarkable mix of residents work within the country, both women and men holding various positions in companies. Emirati law has taken care to respect the personal boundaries of each individual, protect personal freedom and privacy, prevent any form of harassment, whether verbal or physical, and impose severe penalties on the perpetrators.

From this standpoint, the criminal law in the United Arab Emirates has witnessed significant legislative updates thru the UAE Penal Code, Federal Decree-Law No. 31 of 2021 and its amendments, aimed at imposing strict oversight and deterrent penalties against all forms of harassment and assaults.

In the following lines, we will introduce you to the legal texts that regulate the handling of sexual offenses in the United Arab Emirates, focusing on the punishment for harassment, the mechanisms for dealing with harassment in the workplace, and answering the most common questions that might come to your mind on the subject.

The Legal Description of Sexual Offenses in the United Arab Emirates

Some believe that defining the act or statement that can be classified as a sexual crime or harassment is somewhat complex, but UAE law has specified clear texts for sexual crimes that classify actions as violations of public morals, indecency, or violations of another person’s body and freedom. And the texts are detailed and broad, addressing every act, no matter how simple, that violates the freedom of others and assaults them, ranging from public indecency to verbal and physical harassment, and even serious sexual assaults. The UAE legislator has also introduced strict laws and new legislative amendments to protect the most vulnerable groups, such as minors and adolescents. Consent is not legally recognized if the victim is under the age of sixteen. Penalties in cases of assault and rape can reach long prison terms exceeding ten years, depending on the circumstances of the case and the age of the child who was sexually harassed.

Punishment for Harassment in the United Arab Emirates According to the Law

The UAE legislator defined in 2021 thru Federal Decree-Law No. 31 the types of harassment and distinguished between two main types of exposure and harassment:

The Crime of Sexual Harassment

Sexual harassment is legally defined as any repeated attempt to harass a person thru words, actions, gestures, or messages via social media, with the aim of compelling the victim to respond to the perpetrator’s sexual desires, and any behavior that carries unwanted implications leading to the violation of the victim’s privacy, the tarnishing of their dignity, or the threat to their psychological and professional stability.

Article 413 stipulates punishing anyone who commits the crime of sexual harassment with:

Imprisonment for a period of no less than one year. A fine of no less than (10,000) ten thousand dirhams, or one of these two penalties.

Crime of Offending a Woman’s Modesty and Disguise

The UAE law is keen on protecting women wherever they are, whether in the street, at work, or anywhere else. The Penal Code specifically addresses the crime of molesting a woman and disguising oneself with severe penalties. The meaning of molesting a woman is:

  • That a man harasses a woman, or annoys her with words or actions in a public place or a frequented area in a way that offends her modesty and femininity.

  • As for disguise, it is when a man wears women’s clothing and pretends to be a woman in order to enter places designated for women, such as: the women’s prayer area, women’s bathrooms, and women’s salons.

Article 412 of the UAE law stipulates a penalty for these crimes of imprisonment for a period not exceeding one year, and a fine not exceeding (10,000) ten thousand dirhams, or one of these two penalties for any male:

Sexual Harassment in the Workplace in the United Arab Emirates

The business, corporate, and economic sectors in the UAE witness significant importance, and a large number of workers, employees, and staff from all over the world work in UAE companies. And under UAE law, mutual respect among colleagues is ensured, and workers, whether male or female, are protected from any actions that violate their privacy, offend them, or compromise their dignity in any way.

Identify the Types of Assaults Classified Under Harassment and Sexual Assault That a Worker May Be Exposed to in the Workplace

A manager or someone in authority harasses an employee who is at or below their job rank in the workplace, exploiting the victim’s need or pressuring them by threatening their professional future.

The Responsibility of Institutions

UAE law mandates that all companies and institutions establish strict internal regulations and clear instructions in the company’s internal system that prohibit all forms of harassment and provide safe and confidential channels for reporting any type of workplace harassment. If it is proven that an employee harassed another in the workplace, the employee will face criminal penalties (imprisonment and fines), and the convicted employee will be dismissed from service without notice and without end-of-service benefits. Additionally, expatriates convicted of felonies or misdemeanors that violate honor and morals will be deported after serving their sentence.

Cyberbullying

After the widespread use of various social media platforms and the occurrence of numerous violations of personal freedom and attempts at sexual harassment, the penal code in the United Arab Emirates has expanded its scope to include the digital space.

According to the Anti-Rumors and Cyber Crimes Law, the use of an information network or technical means for the purpose of harassment, annoyance, sexual extortion, or sending obscene materials is subject to severe penalties that include:

  • Imprisonment for a period of no less than one year.

  • Large financial fines ranging between 250,000 dirhams and up to 500,000 dirhams or more in cases of extortion and threats.

The Line Between Joking and Harassment: How Does UAE Law Deal With It?

As we mentioned earlier, the UAE is home to many peoples, cultures, and religions, and everyone speaks a second language, not their mother tongue. Therefore, you need to pay close attention because what may be normal in your culture and considered a joke might be seen as an offense by others. Avoid any behavior that might put you in doubt, even if it’s meant as a joke or spontaneity. Try to understand others’ boundaries and comprehend their cultures and red lines to avoid violating them, even unintentionally.

What Is the Opinion of UAE Law?

Anything that makes you feel harassed, your privacy violated, or subjected to sexual harassment, innuendo, or indecency is classified as assault and harassment. Whether the harassment is an uncomfortable lingering look, a comment on appearance with suggestive undertones, or insistence on opening personal conversations. Don’t hesitate to set your boundaries; the law was established to protect you, and FHS Solutions consultants are always available to explain how the law protects you in such situations.

What to Do if You Are Harassed in the UAE?

You should know that UAE law is on your side, so there is no need to be afraid or to remain silent about harassment out of fear of the perpetrator or losing your job.

It is important to act consciously and confidently to protect your rights. Here are the basic steps:

  • Tell the harasser that you categorically reject their behavior, and act firmly and without hesitation.

  • Keep the evidence by Documenting everything.

  • If the incident occurred in a public place or workplace, be cautious and try to gather witnesses to testify about what happened.

  • You can file an official report through smart police platforms like the “Emirati Safe” app, go to the nearest police station, or inform the human resources department if the harassment occurred at work.

  • Consult a specialized lawyer from FHS Solutions to ensure your report is legally sound and to avoid any loopholes. You can also explore our legal services for further legal assistance.

Frequently Asked Questions About Harassment and Sexual Offense Laws in the UAE

I Was Harassed and I’m Afraid of the Scandal if I File a Complaint. What Should I Do?

No need to worry! The United Arab Emirates imposes complete and absolute confidentiality on cases of sexual crimes and harassment to protect the privacy and reputation of the victims.

The Public Prosecution and the courts handle these cases in closed sessions, and the identity of the victim is not disclosed to the public.

If I Report My Manager at Work for Harassment, Is He Entitled to Fire Me?

No, UAE law guaranties your rights. In this case, the dismissal is considered an illegal arbitrary dismissal. And if the harassment charge against your manager is proven, he will face a criminal penalty and you will receive compensation from the company. Consult the experts at FHS Solutions to walk with you step by step to ensure your professional and criminal rights are not lost, and to ensure the manager does not twist your case and accuse you of defamation.

Is a Foreigner Convicted of Harassment Sentenced to Deportation and Expulsion?

Yes. The deportation order is a mandatory and obligatory ruling against any foreigner who is convicted of a crime that is dishonorable or against public morals, which includes sexual crimes and harassment, after serving the prescribed penalty (imprisonment or fine).

Is a Screenshot of a WhatsApp Conversation Considered Sufficient Evidence to Convict the Harasser?

Yes, a screenshot is considered a very strong primary piece of evidence after being examined by the electronic forensic lab of the UAE police to ensure its authenticity and that it has not been tampered with, as electronic evidence retains its full legal value under the Cybercrime Law.

What Should I Do if Someone Falsely Accuses Me of Harassment?

The UAE judiciary is precise and does not convict anyone without conclusive evidence. If you face a malicious accusation, you should not make any statements without the presence of your lawyer. The UAE law punishes false reporting severely, and at FHS Solutions, we work to refute baseless claims, prove your innocence, and restore your legal reputation.

How Does the FHS Solutions Law Firm and Legal Consulting Office Help You?

In cases of harassment and sexual crimes, you need an expert lawyer to avoid legal loopholes in these matters.

At FHS Solutions Law Firm and Legal Consultancy, we provide a comprehensive legal support system that includes:

  • Legal representation and advocacy: We defend your rights before the Public Prosecution and the criminal courts at all levels.

  • Legal consultations: Guiding victims on how to document harassment evidence (messages, recordings, cameras) to ensure the strength of the legal position.

  • Drafting internal regulations: Helping companies establish strict internal policies to combat sexual harassment in the workplace to ensure full compliance with the law.

Contact FHS Solutions for Legal Assistance

If you are facing a situation that requires swift legal intervention, or if you are looking for a consultation that ensures your privacy and security, do not hesitate to contact our advisors at FHS Solutions for legal and consulting services to ensure the protection of your rights by the force of law. You can contact FHS Solutions for confidential legal assistance and consultation.

You can also learn more about FHS Law Firm and meet our legal team.

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