Kuwait Court of Cassation principle number 229

The offense of sexual intercourse without consent criminalized by Article 186/1 of the Penal Code, as amended by Law 62 of 1976. Its penalty is death or life imprisonment. The court of merits may impose either. Application of the law more favorable to the accused. No scope for it. The penalty for an attempt thereof is life imprisonment. Article 46 of the Penal Code. If the offender has not attained eighteen years of age, the penalty becomes imprisonment for a term not exceeding ten years. Article 20 of the same Law. If he merits leniency, his penalty may not be less than one-third of the maximum prescribed for the offense. Sentencing him to imprisonment for five years after taking considerations of leniency into account. Correct and free from error in the application of the law. Principal offender