Illustration by Tala Nassar

SYDNEY, Australia — In a 2011 Dear Colleague letter, the U.S. Department of Education spelled out the damage that sexual harassment does in universities across the United States. “The sexual harassment of students, including sexual violence, interferes with students’ right to receive an education free from discrimination and, in the case of sexual violence, is a crime.”

Subsequently, tertiary institutions across the United States all instituted their own policies implementing this new iteration of the Title IX statute, which had been on the books since 1972. Originally designed to prohibit discrimination based on sex, particularly in regard to college athletics, Title IX has been at the forefront of issues regarding sexual harassment on campuses across the United States in the past few years.

After the implementation of a revised Sexual Misconduct policy in September 2014, students across all NYU sites were required to complete an online module regarding the policy and the revised meaning of consent. Even though NYU Abu Dhabi students were required to complete said module, the training included no mention of UAE law.

As per Article 356 of the UAE penal code, indecent assault with mutual consent, which effectively means sex between consenting adults outside of marriage, can be punished with imprisonment for one year.

In contrast, the act of sexual assault in NYU’s Title IX policy is defined as “having or attempting to have sexual contact with another individual by force or threat of force, without consent, or where that individual is incapacitated.”

Under this policy, incapacitation, when referring to the use of alcohol or other drugs, is the state beyond drunkenness or intoxication.

In the UAE, any individual who does not possess an alcohol licence is prohibited from consuming alcohol, and all other illicit drugs are fully prohibited.

Under UAE law, the crime of sex outside of marriage and the unlawful consumption of alcohol are two separate crimes and will be prosecuted separately. However, in the past, media reports have highlighted cases in which individuals who have consumed alcohol in the UAE and either had sex or were sexually assaulted by someone else have been prosecuted for unlawful consumption of alcohol immediately.

Under NYU’s Title IX policy, the consumption of alcohol is seen as a contributing factor in cases of sexual misconduct. Indeed, NYU’s Sexual Misconduct policy contains an amnesty provision for students below 21 years of age. This means students who had been consuming illegal substances or drinking alcohol unlawfully can report violations of the Sexual Misconduct policy without disciplinary action being taken against them.

Article 354 of the UAE penal code criminalizes both sodomy, with or without consent, as well as non-consensual heterosexual sex. The punishment for these crimes can be death. Article 356 punishes consensual sexual activity outside of marriage with a period of confinement.

Under UAE law, intoxication does not preclude one’s ability to consent. An individual who had sex while drunk and then reported this as a case of rape could be prosecuted for extramarital sex.

If an individual reported to the police that they were raped, they can be arrested for extramarital sex until the case of rape is proven. One woman who alleged that she was raped in 2009 was arrested for adultery; however, she was subsequently allowed to return to her country of residence.

Information on UAE laws and regulations surrounding sex is communicated to students during Marhaba, Candidate Weekend and Bystander Intervention Training.  The Health and Wellness Center, Department of Residential Education, Health Promotion Office and Office of Sexual Misconduct Support have programs which communicate this information to students.