Kissing is not always a crime, says lawyer

The perception of kissing differs between cultures and not every kiss is a crime, a lawyer argued in court on Wednesday as he sought acquittal of his client in a molestation case.

 According to  a report in Gulf News, a British manager, A.H., had denied molesting a Kenyan hotel receptionist as he pleaded innocent before the Dubai Court of First Instance.

 “The perception of kissing differs from one culture to other and from one society to other. Actually and logically speaking, it varies ... between cultures, norms, traditions and religions. Kissing might be incriminating in certain societies while in others it might not,” A.H.’s advocate Saeed Al Gailani argued before presiding judge Fahd Al Shamsi.

 The receptionist, a 27-year-old woman, appeared in court earlier this month and waived her complaint against the Briton claiming that he had apologised to her and explained that he didn’t have any criminal intention.

 Prosecutors accused the Briton of molesting the Kenyan woman and drinking alcohol while he was with friends at a luxury hotel in Palm Jumeirah in November.

 Al Gailani said: “My client has been charged with molesting the woman by kissing her on the lips. The Kenyan woman testified in court that such an act is very natural in her society and she also testified that the defendant gave her a thank you kiss … she personally did not deem the kiss as an act of molestation. She was convinced by client that he had kissed her in appreciation of her good service.”

 The suspect did not have any bad or criminal intention when he kissed the woman, said the lawyer.

 The Kenyan woman had claimed to prosecutors that A.H. kissed her once against her will and his friends brought him back to her to apologise and she refused to take Dh200 from him.

 “He kissed me as a thank you gesture … at first I got scared and did not know what to do so I called the security. Later he apologised and explained to me that he did not have a bad intention,” the receptionist told the court as she retracted her previous statement.

 When asked where she was kissed, the Kenyan replied: “On my lips … but it was a thank you kiss. A thank you kiss [in my country] could be on the cheek or the lips and especially if the two people know each other.”

 Al Gailani argued: “The woman said there was no crime. My client also explained that he had no criminal intention. My client’s behaviour should not be deemed as a crime, especially after the woman had personally accepted A.H.’s kiss as a thank you gesture and not an act of molestation.”