Kuwait Court of Cassation principle number 590

The material element of the offence of forcible indecent assault is established by any act violating the victim's sexual modesty, extending to his body and offending his sense of modesty without his consent. It is not a condition that the act leave a mark on the victim. - Criminal intent in the offence of indecent assault. It consists of the offender's will being directed towards committing the act constituting the offence while knowing that it violates the sexual modesty of the person upon whom it is committed. The judgment's separate discussion thereof. Unnecessary. The condition thereof. - The element of force. It is established by all forms of absence of the victim's consent. It exists through any coercive means applied to persons with the intention of disabling or eliminating resistance to facilitate commission of the offence. - The relationship between master and servant is derived from the law for aggravating punishment in the offence of indecent assault. It suffices for the judgment to establish the existence of a service relationship between the accused and the victim, without needing to state the circumstances and facts surrounding the offence to demonstrate that the master used his authority at the time of committing the offence. The rationale thereof: the law presumes the existence of this authority by virtue of this relationship. Inferring the existence of this aggravating circumstance and of the element of coercion and criminal intent. A matter of fact. The condition thereof. Fourth: Absence of the victim's will:-