Does touching the body of a person under 14 years old constitute a mutual consent indecent sexual assault crime?
Indecent assault may be committed against males or females (sexual assault). The answer is as follows:
Indecent assault is an offense of aggravated assault in some common law-based jurisdictions. It is characterized as a sex crime and has significant overlap with offenses referred to as sexual assault.
Touching the body of a person under 14 years is not a mutual consent indecent assault crime but a coerced indecent assault crime similar to sexual assault, 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 was 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 the coercion element in the indecent sexual assault crime to be committed against a victim under 14 years of age.
And there is a 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 temporary imprisonment.
Indecent assault is a disgraceful act that afflicts the body and private parts of the victims. Groping and touching the private parts of the victims is a crime of indecent assault. The criminal intent of indecent assault crime consists of 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 a female in a place where she changes her dress or any other place through a window and photographs her naked against her will, he is considered to have committed a coerced indecent assault under Article 356 of the Federal Penal Code.
Does the subsequent marriage deny the 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
Do the leave of marks on the victim’s body deny the coerced indecent assault crime?
Answer
Not leaving marks on the victim’s body does not deny the crime of coerced indecent assault or sodomy.
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