Sexual Assault, iiQ8, Domestic Workers’ Legal Guide

 


Sexual Assault

Sexual Assault, iiQ8, Domestic Workers' Legal Guide 1

 

Clause Definition                                 Article
Indecent Act Not Committed in Public If a person commits an indecent act in private that insults and shames a woman who is not willing to engage in the act Article 199 of the Penal Code
Indecent Assault Any touching or undressing of a person’s body who is 21 years of age and above, without his/her consent or any person under the age of 21 with or without his/her consent. Article 191 of the Penal Code
Sexual Intercourse that is Forced, Under Threat, or by Deception Engaging in sexual intercourse by vaginal penetration, without consent and using threat, coercion or deception Article 186 of the Penal Code
Human Trafficking If one or more persons restrict a person’s freedom or transport him/her from one place to another by force, taking advantage of authority, strength or through deception; for the purpose of forced labour or sexual exploitation. Article 1 of the Human Trafficking Act

Article 2 of the Human Trafficking Act

 

Sanction Report to                 Evidence
Misdemeanour punished by imprisonment for a period not exceeding one year, or a fine not exceeding 1,000 K.D., or both Emergency number (preliminary report)

Local police station where incident occurred

Reporting incident

Witnesses

Felony punished by life imprisonment if the victim was a domestic worker working for the offender Emergency number (preliminary report)

Local police station where incident occurred.

Reporting Incident

Witnesses

Medical Report

Felony punished by: Death penalty or life imprisonment (if the offender has authority over the victim and she is a domestic worker working for him, he shall be punished with the death sentence) Emergency number (preliminary report)

Local police station where incident occurred.

Quick reporting of incident

Preserving all the evidence (for example, not showering or washing clothes) Preliminary report from the relevant hospital

Witnesses

Felony punished by 15 years imprisonment (no punishment for anyone forced into prostitution where it is proven that they did not enter into prostitution willingly) Emergency number (preliminary report)

Local police station where incident occurred (the victim will be redirected to the General Department of Criminal Investigation – Department of Human Trafficking)

Reporting of incident

Witnesses

Criminal Investigations

 

 

Source – Times Kuwait


 

Spread iiQ8