Hello everyone, it’s Fajer the lawyer again, it has been a while since I have posted here, but Mark brought to my attention news of a couple that was filmed having sexual intercourse, in a residential area, in public, outside of a car, in broad daylight, and around people.
The incident reminded me of a fictional case study we studied in law school (my professor would come up with outrageous fictional crimes, for example, a man walking around with a fork and a human eye on it) for us to learn the law. I just never in a million years thought that my professor’s outrageous fictional crimes would actually come to life.
So back to the incident, here are a few legal points related to this video:
Public Indecency
Addressed in Article 198 of Kuwait Penal Code.
This is pretty much a law in most countries, if not all regardless of the countries religious or political beliefs. The Kuwait law does not allow nudity or sexual intercourse in public. Punishment is up to one year in jail or up to one thousand rupees (the law was written in 1960).
Sex Outside of Marriage
Addressed in Article 194 of Kuwait Penal Code.
Sexual acts for those above 21 years of age (not 18!) outside of marriage is punishable with 6 months to 3 years of imprisonment. (for both the man and the women, although the law starts off by accusing the man and then says if the women agreed to it then she would also be punished!)
Now for article 194 to occur, it clearly states that one important thing needs to happen and that is an official has to walk in on them while they are in the middle of the act. While studying this in law school, my professor made it clear that when it comes to sexual acts specifically, video can not be used as evidence. The only proof that the court would accept is an official walking in on the couple, or if the couple admits to the act in court. The most likely reason for this is that they don’t want to encourage people to film such acts.
In conclusion, although the act of sexual intercourse outside marriage performed in public is completely illegal, the couple can not be punished under article 194 unless they admit to it. So, it will be interesting to see what the court decides and I wonder from a legal perspective if the sexual act itself is not punishable, can the video still be used as evidence for public nudity?
*plays “It wasn’t me” by Shaggy
Post by Fajer Ahmed – Legal Counsel
Have a Kuwait law related question? Email me at [email protected] check out @simplelaw.kw for free and affordable legal information
The legal opinions expressed in this post are those of the author Fajer. Opinions expressed by Mark or any other writer on mark248am1.wpenginepowered.com are those of the individual and in no way reflect Fajer’s opinion.