KUWAIT: Rape and sexual harassment are illegal but they are also taboo issue for many countries in the Middle East including Kuwait. In fact, according to Ahmed Al-Mutairi, a Kuwaiti lawyer said, rape or sexual harassment cases are mostly unreported and that those reported cases had actually did not reached to the level of court because they consider it shameful, or an attack to their dignity/honor as human. "This country is still very much cautious when it comes to talking about rape or sexual harassment because of family honor; we tend to settle among our families such kind of shameful incidents because we are still very conservative society and we do not wish anyone to experience as bad incident as this," Al Mutairi said. "So, if rape is often not reported what else will you expect for the sexual harassment case or we say minor? These are two separate cases, but sexual harassment is a bit minor as compared to rape case. Rape is grave offence and it can carry capital punishment. Sexual harassment is a bit lighter but these are all real issues often than not, we turned a blind eye on these. Haram to the victims, because it harms/affects their psychological and mental health, it is an attack on honor, and chances or having normal life maybe not getting married, it can also impose illegal maternity, causing physical and moral damages. We need to talk about it because it's the reality happening within the Kuwaiti and expats societies/communities, everywhere, not just in Kuwait but also in other countries," he argued.

The best way to confront the problem according to Al-Mutairi is to face it. "If you think your rights, dignity and honor are violated pursue a case and lawyers are actually here to support the victims or even the suspect. "There is a capital punishment to those who will be found guilty of rape especially if proven that he was force to sex or ganged rape a victim. There are punishments even for minor harassment case. So do not let this acts come to pass, you have to exercise your rights," he added.

Al-Mutairi quoting another lawyer Nader Shari, has defined rape as a man's communication with a woman with full sexual contact without proper consent. "The Lebanese jurisprudence also defined rape as coercion by threats and violence to satisfy his desire for intercourse. Under Egyptian penal Code, rape defined as the crime of rape and sexual intercourse without consent; it is defined by several jurisprudence based on three elements; 1) material act of intercourse 2) coercion by violent and threat, 3) criminal intent," Al-Mutairi explained.

Also, Al-Mutairi quoting MP Kamel Al-Awadhi defines minor sexual harassment case to be as simple as attempt to seduce (a man or a woman) into sexual arousal even without the desire of both parties. It also include touching, speech, telephone conversations and sexually meaningful communication. "The punishment is up to two years imprisonment but the penalty is double to people who uses his authority," he added.

He said sexual harassment case usually happens anywhere but specifically in the workplace, schools or at home. "The ministry of education has already addressed the issue of sexual harassment cases in schools by installing cameras in the school, buses in order to prevent incidents of sexual harassments of students," Al-Mutairi pointed out.

Citizens or expats who would like to pursue cases need to be present at the police station to file a case. "The court will be informed about it and they will study the case then file it to court," he said. The verdict will normally come after few hearings. "For minor harassment case, sometimes it takes time, but if you are serious about it, the court is blind to anyone, no wasta, very fair when rendering justice," he said. Minor sexual harassment verdict will carry 6 months to two years imprisonment and maximum payment to victims of up to KD5000 while the penalty for rape case could be a capital punishment and only Amiri pardon can save him from gallows.

Here's how to file sexual harassment/rape cases.

Sexual harassment case (Lighter)

1. Go to nearest police station
2. The police station will send the victim to the nearest hospital for medical purposes.
3. After medical check, she will be advised to go back to police station
4. The police will call out the suspect
5. If the police are convinced that it was indeed sexual harassment, the case will be filed in the court, if not, the case will be settled.
6. If based on preliminary talks, the suspect admitted the crime, tawyer will be assigned or he will hire his own lawyer
7. Gathering of evidences/counter evidence will follow
8. The person involve will be called if hearing of his case is set by the court (no detention)
9. The case sometimes takes years (maximum two years)

Rape case (Grave)

1. Above step by step process will not be observed as they consider rape as grave offence; suspect will be detained immediately (without bail or equivalent money for bail until the trial is completed)
2. Case will immediately go directly to the investigator
3. The victim will be sent directly to the hospital for medical report/record.
4. If probable cause found, the court will immediately set a date for trial.
5. The suspect will have to communicate with the lawyer only, family will be limited.
6. Normally, rape case is heard few months: verdict will be rendered immediately. (Mostly rape cases take 6 months up to one year only depending on the strength/depth of the case)

By Ben Garcia