Call for specific charge for sexual abuse of children in UAE

Lawyers call for change as The National reveals 74 cases of sexual abuse of children in Dubai in the last two years.

DUBAI // Lawyers and social workers have called for the introduction of a specific charge for sexual assault on children, after it was revealed that 74 cases of child abuse had been brought before Dubai courts in the past two years.

Yousef Al Bahar, a lawyer, called for a change now, to act as deterrent, even though the figures were relatively small.

The National can reveal that children between the ages of three and 17 were at the heart of the 74 sexual assault cases heard by Dubai Criminal Court in the past two years, out of 240 such cases in that period.

In 2013 the court heard 119 cases of sexual assault, 35 of which involved children. Last year had 121 cases of sexual assault, with 39 involving children between the ages of five and 17. All cases involved men abusing the child in question.

“We cannot wait until the number of such cases forms an alarming figure,” Mr Al Bahar said.

“It targets the generation of the future, which our leaders and our community are so keen on bringing up brightly and perfectly.”

The lawyer said that a person inclined to touch a child should not be treated with leniency by a court. “That’s why I call for a change in laws – we don’t have to wait until this becomes a terrifying phenomenon. So we change and stiffen laws.

“I think we should do it from now, making a special law for paedophiles and making the punishment a hefty one, so no one would dare harm an innocent child.”

Fellow Emirati lawyer Eman Al Rifae said there was a need to protect children, even from their own parents if necessary. And she said that a new law with tougher punishments for those who molest children was a must.

“This law should even include punishments for individuals who lured children but did not have the chance to go through with their scheme, because the intent to molest was there,” Ms Al Rifae said.

A case that Ms Al Rifae dealt with was of a young girl who was being molested by her uncle, and the mother was afraid of going to the authorities because she thought the family’s reputation would be affected.

“This culture has to change as well. We have to encourage parents to come forward and report any incident,” she said. “The law must also provide specialists to deal with child sex assault victims.”

Kawther Ibrahim, also a lawyer, said a person who touched children should not be prosecuted according to the same laws as others. The Emirati said a tougher law was required. “This law should also include a rehabilitation programme because it is an illness. They can’t be normal to do such a hideous act,” she said.

The calls came after The National revealed on Tuesday how prosecutors in Abu Dhabi were receiving more reports of sexual abuse against children, with 59 cases last year and 47 in 2013.

Mr Al Bahar also suggested a name-and-shame system if a person was convicted by all three courts – the criminal court, appeals and cassation.

“A similar thing is done in the United States, where convicted paedophiles are identified to neighbours,” he said, adding that this would also act as a strong deterrent.

However, a Dubai judge told The National that the law did not need to change and, instead, parents should supervise their children better.

“Even if it was only one case with one child victim, it will put us as a society in a state of unrest and fear – mainly those who are parents,” said Judge Ahmad Saif.

However, he stressed that child sex abuse cases were rare in Dubai and that the existing law was a deterrent, but one that gave judges the freedom to determine the length of a sentence.

“I can give you two examples of cases that are both considered sexual assaults. In one the defendant touches the child’s cheeks. In the other he does something far more severe,” he said. “We cannot have the law determine a specific imprisonment period for a sex assault on a child because the conditions of each case differ. It’s up to the judge to decide that period based on the facts of each case.”

Judge Saif said parents needed to be more alert when it came to who they let near their children. “If a father or a mother was present during a lesson given by a private tutor, he would never dare touch the child,” he said. “If we become more vigilant, such cases might drop to 0 per cent.”

Dr Fawzia Al Suwaidi, who holds a doctorate in child psychology, said: “We should teach them about the privacy of their body parts and when and to what they must say no.”