He harassed a "waitress", so she filed a complaint against him

Disgraceful signs of modesty lead an Arab to justice

The Dubai Appeal Court upheld the fine of 10,000 dirhams for the accused.

Photography: Patrick Castillo

A 31-year-old (Arab) harassed a waitress in a cafe, and persisted in harassing her with unacceptable signs and phrases, as he winked at her with his eyes, gave her kisses in the air, and addressed shameful expressions to her, which prompted her to file a complaint against him, and he was referred To the Public Prosecution in Dubai, which in turn referred him to the Misdemeanor Court on charges of sexual harassment, and the Court of First Instance ruled that he be fined 10,000 dirhams, and the Court of Appeal upheld the verdict.

In the merits of the ruling, the court affirmed an important rule regarding the indecent act, as it indicated that the material element of this crime is achieved by any act that offends the modesty of the eye or the ear, and the element of publicity is available in it, that is, if the act was committed in a public place, even if the perpetrator’s work was not seen by others. Rather, it is sufficient for the viewing to be inevitable, according to a previous ruling of the Court of Cassation.

In detail, the facts of the case stated, according to what was settled in the court’s certainty and its conscience reassured him, and what was stated in the investigations, that while the waitress (the victim) was practicing her work, she offered the accused a drink that he asked for from her, but he persistently harassed her by making signs and sayings through winks in his eyes, and sending He kissed her from a distance, and addressed him expressions that would offend her modesty, with the intent of getting her to respond to his base desires.

The victim said in the police inference report that the accused harassed her repeatedly during her work, and told her that he wanted to marry her, because she was beautiful, and asked her to take off her work clothes and leave with him, in addition to the signs he directed at her with his eyes, and other offensive behavior.

By asking the accused in the police inference report and the investigations of the Public Prosecution, he stated that he went to the café to meet a client of the company in which he works, and while they were sitting together, the victim presented to the table, so he expressed his admiration for her, and offered her marriage, but she refused, so he offered to transfer her to The company where he works tells him that there are problems with her employer, and he will not agree to transfer her.

He added that he told her that he would introduce her to businessmen, and asked her to sit with him at the table to talk, but she refused, and when she moved away he winked at her, and kissed him in the air, after sensing admiration on her part, then he approached her with kindness and offered her marriage.

The accused retracted his statements before the court, denying the charge against him, and asking for innocence.

After examining the case, the court affirmed that the criminal judge may derive his conviction from any evidence he is satisfied with, and take into account the statement issued by the accused when he is assured of its validity and conformity to the incident, noting that the elements of the crime are available against the accused, according to the assessment of facts and evidence.

She found him guilty of harassing the victim, by perpetuating her harassment, with signs and sayings that would offend her modesty, and punished him with a fine of 10,000 dirhams, and the Court of Appeal upheld the ruling.

Follow our latest local and sports news and the latest political and economic developments via Google news