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.
34 replies on “Kuwait Law: Sex Tapes”
Meanwhile, white BMW prices went up, or down…
Lool! Check 4sale
Thanks ya Fajer for bringing clarity and a lil’ humor to this bizarro situation. Love!
Great interpretation Fajer. I always enjoying reading your interpretations on par with the law. I am quite amused and wonder if this act happened in Kuwait.
So the couple in question would probably get booked under Article 198 for Public Indecency rather than Article 194 coz a public official didn’t actually walk up to them or in on them ??
Interesting … so I guess depending on the judge that day they either get a year in jail or pay KWD 5 ( todays rate for RS. 1000) and walk away 🙂
@ Vinson Vaz
The act did happen in Kuwait .. the beamer with the Kuwaiti License plate and the Bengali Cleaner in the yellow jump walking across towards the end of the video are dead give ways
What a bigoted comment.. how did you assume the cleaner in the yellow jump suit to be a Bengali? He could be from the place you are from
LOL! I did look at the cleaner too like the dude is just casually doing his job in the background
One issue to highlight here is that it is also illegal to record and send out the recording to the public even if you are recording an illegal act. Not sure if this only applied to acts of indecency or any illegal activity, maybe Fajer can help here.
By law you should send it to the authorities only, so don’t get yourself into trouble, be aware of the law.
Unless you have a source for this I’d flag this as unconfirmed. I don’t think it’s illegal to record a car driving like an idiot and sharing it with a friend.
The guy who video taped the “encounter” was caught, it is unlawful to send out videos with indecent acts.
https://twitter.com/Moi_kuw/status/1322635004845973507
They are talking about the guy who captured the video. Supposedly, an Imam of a mosque 🙂
That tweet says he was arrested basically for spreading pornography. Doesn’t say anything about it being illegal to record someone performing an illegal act.
Not illegal to record, but illegal to then send it publicly to others. You can record the illegal act, but then you should only send it to the authorities.
In this case, what was recorded and shared was porn hence why they arrested the guy
Which is what I said in the first place 🙂
These problems are small and can be solved easily by opening hotels for anyone regardless of their religion or nationality.
What should be closely focused is to ramp up infrastructures and better roads or train station or remove corruption to sustain kuwaits economy in the future. These are the problems should be solved. Not those lovely birds doing their thing cmon.. If i was there ill just dont care lol.
Sorry Jay… the American in the yellow jump suit.. I stand corrected.
Sure, how about just a cleaner, without any assumptions? Thanks
ROFL
“Article 194 of the Kuwaiti Criminal Code promulgated by Act No. 16 of 1960 stipulates that anyone who copulates with a woman who has attained the age of 21 and who is not a close relative, with her consent, and who is caught in flagrante delicto shall be liable to incarceration for a period not exceeding three years and not less than six months.”
Source: https://www.ohchr.org/Documents/Issues/Women/WG/Communications/32/Kuwait_2.pdf
Doesn’t “flagrante delicto” mean simply being caught in action? Does it have to be an official?
I think the couple will be sentened under Article 198.
The only reason this is getting so much attention is because there was a recording of it that went viral. This kind of crap happens everyday in parking lots of schools, mosques, wedding halls, coops, and even residential areas walkways. It is not something people do because “they’re under the influence”… People are horny plain and simple.
There is huge responsibility on the families and communities but no one is doing anything. What a moral devolution.
I think the bigger issue in society is the lack of single Kuwaitis being able to rent apartments and hotel rooms. That’s the problem, it has nothing to do with families, communities and morals.
I echos Marks point here, let’s stop calling such behaviors out of normal. Humans are wired like that ever since their creation and will always do. now it’s the role of the legislators to layout some pregulations to cope with it by allowing singles to rent, by enabling the country to get night scene Etc. just like other countries in our region.
Legislation to cope with human behavior? Thats the dumbest thing I’ve ever heard.
I disagree.
What you’re talking about is why we see this on the street. While the problem is not why are we seeing it on the streets but why is it happening in first place!
Now you may not agree with this point of mine because its mostly related to deviation from Kuwaiti culture and Islamic values. If we are going to look at it from this perspective, then the problem is very simple. In the past guys and girls would marry as in their early 20s. Today it is a norm for guys and girls to delay marriage until their late 20s. At the same time we have a culture that does not accept or allow sex without marraige. Meaning we have guys and girls in their late twenties and probably horny and not acting on their feelings out of respect for their moral values, or their families, or even fear of culture. Finally, you have the modern lifestyle that allows people to dress in more western styles and mingling with each others. No matter how open minded and “cool” we try to be… we are still human beings with feelings and desires. And people are bound to cross the line. Its only a matter of when and where.
Yes it is the fault of families and communities.
They have put the guys and girls in these situations. If those guys and girls were able to marry and move on with their lives they wouldn’t have been placed in such situations.
And yes marriage is the answer to so many problems that we have like it or not.
Yeah we completely disagree on this. on the bright side the MOI is reminding people you can tint your car windows pretty dark if you’re looking for privacy https://www.instagram.com/p/CHJIgmeJ9oo/
+1
Hi 3azeez,
My opinion differs from your re. marriage but I am curious re. your closing statement “marriage is the answer to so many problems that we have like it or not.”
I am aware that the divorce rate is extraordinarily high in Kuwait. Wouldn’t that imply that marriage, particularly when one chooses to do so because of their culture, isn’t the answer?
Ed
Why should everyone copy the western society and try to follow their values and principles by making singles check into hotels for a night romp?
Every society has their own ethos and there is nothing wrong in following them. Next we will see demands for a nudist beach, just because its acceptable in the west and we think its cool to follow them
Sexual desires and needs are universal and not related to a certain society and religion.
Thank you Mark.
Exactly, sex is basic instinct for human beings just like food and religion, ethos Etc. got nothing to do with it.
Corona did this lol if there happens to be another lockdown I wonder what we will see
May i ask what’s the nationality of the couple? 🙂
You’re all actually trying to justify to yourselves their behavior, and the simple matter is that their behavior is unjustifiable! Even by the open standards of the west it’s not. I wish they get maximum sentence. Nothing justifies subjecting innocent people and children to this sight! They were doing it in the local neighborhood for God’s sake.
Also Islamic values have nothing to do with it (although Islam tries to regulate the instinct via marriage, but still people deviate) Unfortunately humans are genetically wired to keep on breeding so sexual instinct consumes a good part other lives. Only those who have evolved a bit intelligence wise can keep the instinct in check.