What does the law say?
Article 409(1) of the Federal Decree-Law No. 31 of 2021 (Crimes and Penalties Law) punishes with imprisonment of not less than six months a person aged 18 or over who has sexual intercourse with a female aged 18 or over with her consent, and the same penalty applies to the female who consented. It also covers sexual conduct between persons of the same sex aged 18 or over with mutual consent.
Always check that you are reading the current text, because the Crimes and Penalties Law has been amended since 2021.
Who can start a case?
No criminal action may be instituted for those offences except on a complaint submitted by the spouse or guardian. The spouse or guardian may waive the complaint, and the waiver ends the action or suspends execution of the penalty (Article 409(5)).
Under the Criminal Procedures Law, a complaint-based offence cannot be prosecuted without a complaint, and waiver at any time before a final judgment terminates the action (Articles 11 and 17).
What about a child born outside marriage?
Article 410 punishes a woman aged 18 or over who has given birth to a child outside marriage, and the man who had intercourse with her, with incarceration of not less than two years.
No criminal case may be filed if the man marries the woman or one or both acknowledge paternity and identity papers and travel documents have been issued for the child under the law of the nationality, subject to the legislation in force in the State.
What are the risks for visitors?
If a complaint is made, the case follows the usual path: police, prosecution, court. Foreigners also face the consequences discussed in our deportation guides.
Take advice immediately if you are questioned, and do not sign statements you cannot read.
What should I do first?
Check whether anyone has complained
Without a complaint there may be no case.
Do not contact a complainant
A waiver must be formal.
Gather civil documents
Marriage, birth and recognition papers.
Take advice before any statement
It can affect others.
Call us on +971 50 653 1334 or message us on WhatsApp. We answer at any hour.
Frequently asked questions
Does a case need a complaint?
For the Article 409(1) offences, yes, from the spouse or guardian (Article 409(5)).
Can the complaint be withdrawn?
Yes, and it ends the case or suspends the penalty (Article 409(5)).
What is the minimum penalty?
Imprisonment of not less than six months (Article 409(1)).
What if a couple marries?
In the case of a child born outside marriage, marriage or acknowledgment ends the case (Article 410).
Related guides
Public Order Offences overview
The main points, the process and your first steps.
Read the overviewPublic Indecency
What counts as an indecent act or conduct against public morals, the penalties and the rules on obscene materials.
Read the guideProstitution and Solicitation
What the Crimes and Penalties Law says about soliciting, inciting others, running premises and living off prostitution.
Read the guideSources
Source: Federal Decree-Law No. 31 of 2021 (Crimes and Penalties Law), official English text on the UAE Legislation portal, checked 9 October 2026. The portal lists the law as active and last updated on 7 September 2026. The Arabic text prevails over translations. Source: Federal Decree-Law No. 38 of 2022 (Criminal Procedures Law), official English text on the UAE Legislation portal, checked 9 October 2026. The portal lists the law as active and last updated on 28 September 2023. The Arabic text prevails over translations.
This page is general information, not legal advice.