1. Introduction. – 2. Methodology. – 3. The Nature of Sexual Harassment. – 3.1. The Concept of Sexual Harassment. – 3.2. Forms of Sexual Harassment. – 3.2.1. Verbal Harassment. – 3.2.2. Non-Verbal Harassment. – 3.2.3. Digital and Physical Harassment. – 3.3. Differentiating Sexual Harassment from Similar Behaviors. – 3.3.1. Sexual Harassment and Bullying. – 3.3.2. Sexual Harassment and Acts Against Modesty. – 3.3.3. Sexual Harassment and Indecent Assault. – 4. The Legal Framework for the Crime of Sexual Harassment in the UAE and France. – 4.1. Elements of the Crime of Harassment. – 4.1.1. Actus Reus (the guilty act) under the UAE and French Legislation. – 4.1.2. Mens Rea (the Guilty Mind) under the UAE and French Legislation. – 5. Penalties for the Crime of Sexual Harassment in the UAE and French Legislation. – 5.1. Penalties of Sextual Harassment in the UAE Law. – 5.2. Penalties of Sextual Harassment in French Law. – 6. Conclusions.
Background: The study compares sexual harassment laws in the UAE and France, focusing on their legal provisions and differences, with the aim of developing and raising awareness to combat this growing issue. This crime is prevalent in work environments, educational institutions, public places, and even homes and is no longer confined to any specific group but has spread in a manner that no one is immune from. It is, therefore, necessary to address the concept of sexual harassment and distinguish it from other criminal behaviour that intersects with it in some ways but differs in others. The study explores the legal structure of this crime under French and UAE law, discussing the material element and the criminal intent of the perpetrator, as well as the penalties imposed on the perpetrator in both its simple and aggravated forms.
Methods:
The study focused on the UAE and France from the outset. A mixed-methods design was employed, combining analytical and comparative approaches to compare changes approved in the UAE Penal Code regarding sexual harassment with indicators from France. This involved assigning thematic units to the respective articles on sexual harassment in the UAE and French Penal Codes, as well as the jurisprudential orientation on sexual harassment achieved in the French judicial context. The main data collection techniques consisted of legal and non-legal document analysis, which are the best and most efficient methods for comparative legal research. These methods are effective in revealing and interpreting legislative and jurisprudential changes. Data were collected from different sources based on legal documents, such as the UAE Penal Code and the French Penal Code, to avoid approval bias of the changes made in the UAE or the French connection errors.
Results and conclusions:
The French Penal Code criminalises five types of sexual harassment with varying punishments. The definition of “unwanted acts of sexual aggression” is unclear, but it can be divided into physical and verbal abuse. The closest definition is “physical contact taking the form of an act of a sexual nature”. French rape and sexual harassment laws do not harmonise. In contrast, the UAE Penal Code also criminalizes sextual harassment but adopts a different legal framework and terminology. The lack of harmonization between the rules addressing rape and sextual harassment in both French and UAE laws underscores the demand for clearer legislative guidelines. Finally, the study contains many suggestions and recommendations that aim to enhance the legislative role in combating such kinds of crimes.