The Crime of Sexual Harassment: A Comparative Study Between UAE & French Law

Saeed Abdulla  Al Nuaimi; Mohammad Amin  Alkrisheh; Khawlah M.  Al-Tkhayneh

doi:10.36941/jesr-2023-0073

Authors

Saeed Abdulla Al Nuaimi Program Master of Criminal Science, College of Law, Al Ain University, Al Ain, United Arab Emirates
Mohammad Amin Alkrisheh Professor of Criminal Law, Public Law Department, College of Law, Al Ain University, Al Ain, United Arab Emirates
Khawlah M. Al-Tkhayneh College of Education, Humanities and Social Sciences, Al Ain University, Al Ain, United Arab Emirates

DOI:

https://doi.org/10.36941/jesr-2023-0073

Keywords:

UAE law, French law, crime, sexual harassment, material element, moral element, penalty

Abstract

Sexual harassment, common in workplaces and in public, gives rise to psychological, social, and economic distress to victims, their families and society. The UAE legislator has criminalized this phenomenon in Article 413 of the Federal Penal Law (No. 31 of 2021). In France, the Sexual Harassment Law, first developed in 1992, focused on quid pro quo harassment. To gain familiarity with UAE and French laws regarding sexual harassment, this article elaborates on the concept, the basic elements of sexual harassment and the penalties stipulated for it. The article concludes with results and recommendations, most importantly that the UAE legislature should amend Article 359 by criminalizing harassment through information technology. It also describes that, according to the French law, sexual harassment is subjecting a person, repetitively to words and behaviours that humiliate and violate his dignity and character. This article recommends imposing more stringent punishments and penalties on those committing sexual harassment.

Received: 4 February 2023 / Accepted: 21 April 2023 / Published: 5 May 2023