Kuwait Court of Cassation principle number 542

The legislature restricted the grounds for the victim's lack of volition in the offence of indecent assault criminalized by Article 191 of the Penal Code to young age, insanity and mental deficiency, exhaustively. As for sexual intercourse with a female without coercion, threat or deception, with knowledge that she is insane, mentally deficient, has not reached the age of fifteen, or lacks volition for any other reason, it made the specification of this age a presumption of absence of consent, in all its manifestations and degrees, to intercourse. - The offence of sexual intercourse with a female differs from the offence of indecent assault in terms of the act constituting each. The nature of this difference. The penalty for each is commensurate with the gravity of the act constituting it. - The legislature restricted being under fifteen years of age as a presumption of lack of volition to the offence of sexual intercourse with a female, to the exclusion of the offence of indecent assault. - Analogy is impermissible in penal law. Caution must be exercised in interpreting its provisions without imposing on their wording more than it can bear. - Assessment of the young age that deprives the victim of volition in the offence of indecent assault. The trial court may infer it from the circumstances and particulars of the case. An example in an offence of indecent assault with the consent of the female victim who did not lack volition.