Will a minor's testimony hold?
Without commenting on this particular case, Dubai-based lawyers told XPRESS that the law in general has clearly stated provisions to deal with cases involving minors
Dubai: The spotlight on the alleged sexual assault of a four-year-old Modern High School student in Dubai has raised questions about how a minor as young as her could testify in court.
Without commenting on this particular case, Dubai-based lawyers told XPRESS that the law in general has clearly stated provisions to deal with cases involving minors.
Khalid A. Wahab, Advocate of Al Midfa & Associates Advocates & legal Consultants, said, "Article 91 of the Penal Procedures Law states that the testimony of minors above the age of 15 is accepted since they can undertake the oath, but for children below 15 it is up to the judge to take their statement as a guidance for him to issue his order. But the testimony of the child alone will not be valid. It requires additional evidence such as medical reports, confession of the accused, etc."
He said a minor, according to Article 63 of the Penal Code, is someone who is under the age of 18. But under Article 354 which pertains to rape, severe punishment is handed if the victim is under 14.
Bindu Suresh Chettur, law-yer with Mohamed Salman Advocates & Legal Consultants, said, "The court does not consider the statement of a minor but will take cognisance of the offence based on the testimony of the victim's guardian. Stringent action can be taken even if there is an element of Mens Rea or criminal intent," she said.
Another lawyer said in the absence of a minor's testimony holding its own, medical and forensic reports are critical.
