Sexual Assault, iiQ8, Domestic Workers’ Legal Guide
Sexual Assault
| 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 |
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| 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 |
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Source – Times Kuwait
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