The Criminal Court punished the accused with two months imprisonment

70,000 dirhams in compensation for a woman who received "sexual" messages from her husband

A total civil court in the courts of Ras Al Khaimah has ruled 70 thousand dirhams material and moral compensation to a (Gulf) woman who was insulted in words bearing sexual expressions from her divorced (Gulf Arab), and the Public Prosecution indictment stated that the defendant incited his ex-wife to improve sin, and he sent her text messages On her phone, he urges her to make love with him.

The Sharjah Criminal Court had ruled in absentia to punish the accused with imprisonment for a period of two months for the two charges against him, while the competent civil court in Sharjah ruled that there was no jurisdiction to hear the case and referred it to the Ras Al Khaimah Court, which looked into the case and ruled 70,000 dirhams in material and moral compensation to the plaintiff.

In the text of its judgment, the court stated that according to the text of the first paragraph of Article 293 of the Civil Transactions Law, the right to security deals with moral damage, and one of the moral harm is the infringement of others in his freedom, vulnerability or honor, or his reputation in his social position, or in his financial consideration. And she continued that it is established in the judiciary of discrimination that harm is one of the pillars of responsibility, and establishing it is a necessary condition for its fulfillment.

She explained that the law stipulates that the final criminal judgment issued on the subject matter of the criminal case of acquittal or conviction, shall be considered by the civil courts in the case that has not been decided by a final judgment, and with regard to the occurrence of the crime as legal and its attribution to its perpetrator, and the judgment shall be acquitted. This power, whether it is based on the denial of the accusation or on the guarantee of evidence, does not have this power if it is shown that the incident is not punishable by law.

She added that what is proven in the papers is that the Sharjah Criminal Court condemned the defendant for the two incidents of inciting the victim to improve the sin, by sending text messages to her to urge her to practice love with him, and insulting it in sexual terms over the phone, pointing out that this is authentic in the civil case, if it is decided in it. A necessary chapter regarding the occurrence of the act constituting the common ground between the criminal and civil lawsuits, and its attribution to the defendant of his conviction for the two crimes of insult and improving the sin.

She indicated that the court established that the plaintiff suffered material damages from the fees and expenses of litigation and attorney fees, in pursuit of her legal right due to the moral damages suffered by her in the pain and regret he suffered, from receiving messages from the phone of her former divorcee, containing insulting expressions and a request for explicit sexual intercourse, Using scandalous and clear terms, a woman is married to another man and has several children.

She added that these material and moral damages resulted from the defendant’s offense, which is the error of the obligation to compensate what the plaintiff owes.

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