UAE tightens law on sexual offences, prostitution

The UAE government on Friday announced a new federal decree-law that tightens penalties for sexual offenders involving minors, and prostitution.

The amendments also enhance the judiciary’s ability to assess the criminal risk of offenders convicted in certain serious crimes, allowing authorities to subject the convicted person to medical, psychological and social examinations during the last six months of their sentence, enabling a comprehensive assessment of the criminal risk based on the offender’s history, behaviour, specialised tests and accredited professional reports.

The decree-law introduces strict enhancements for offences involving sexual assault or consensual sex with minors.

It stipulates that any person who has completed 18 years of age and engages in sex with a female, or engages in sexual activity with a person of the same sex, who is under 18 years of age, shall be punished by imprisonment for not less than 10 years and a fine of not less than Dh100,000, even if consent is alleged.

The decree-law further clarifies that consent shall not be recognised unless the victim has completed 16 years of age.

The amendments also stipulate that individuals under 18 years of age involved in consensual sexual acts shall be subject to the provisions of the Juvenile Delinquents and Juvenile at the Risk of Delinquency Law, whether the offender is male or female and regardless of the sex of the other party.

The amendments also strengthen penalties for offences involving incitement, solicitation or enticement to debauchery or prostitution. The penalty shall be imprisonment for not less than two years and a fine. The punishment is increased to imprisonment and a fine where the victim is a minor under 18 years of age, ensuring strong protection for children from unsafe or exploitative practices.

Apart from assessing criminal risk of offenders, the amendments also authorise the Public Prosecution, whenever the Public Prosecution deemed it necessary, to submit a request to the competent court that issued the sentence to impose additional precautionary measures on the offender after serving the complete original penalty, if the offender’s continued criminal risk is established and such measures are necessary to preserve public safety.

These measures may include placement in rehabilitation centres, placement in therapeutic facilities, or submission to supervision or electronic monitoring. The court retains full discretion in deciding on such requests.

The amendments further grant the court, upon a request by the Attorney General, the authority to suspend the execution of custodial sentences in certain offences affecting state security, provided there are serious grounds to justify confidence in the offender’s reform.

The suspension may be granted subject to one or more measures stipulated in Article (235) of the Crimes and Penalties Law, provided that the duration of such measures does not exceed the imposed sentence or its remaining term.

The court may also revoke the suspension order and return the offender to the correctional facility to serve the remaining sentence, upon a request by the Attorney General, if the offender breaches any court-imposed conditions or commits a new intentional offence during the term of the measure.