Sexual Conduct Law — Kuwait
Legal framework, penalties, and historical context (updated August 2025)
Key takeaways
Consensual adult conduct
- Adultery / sex outside marriage: a criminal offence; adultery carries up to 5 years’ imprisonment and a fine.
- Same-sex relations: consensual sex between men illegal (art. 193) with penalties up to 7 years.
- Cross-dressing law: Penal Code art. 198 (“imitating the opposite sex”) declared unconstitutional (Feb 2022).
Sex work & related offences
- Prostitution & solicitation: illegal; enforcement focuses on solicitation, brothels, and procuring.
- Child sexual exploitation: criminal with severe penalties across multiple statutes.
Recent legal changes
- 2019–2024: ongoing debates and enforcement of morality and cyber laws (pornography, solicitation) reported by rights groups.
- 2025: Article 153 (honor-killing sentence reduction) abolished.
“Old punishments” today?
Kuwait’s criminal justice relies on imprisonment/fines; no judicial stoning or flogging in contemporary practice for sexual conduct offences. (Honor-crime leniency removed in 2025.)
Legal framework (Penal Code & related laws)
Zina (sex outside marriage), adultery
Under the Penal Code, sexual relations outside marriage—including adultery and sex between unmarried persons—are criminalized, with adultery specifically punishable by up to five years’ imprisonment and a fine.
“The penal code criminalizes adultery with up to five years in prison and a fine.”
Same-sex conduct (art. 193) & gender expression (art. 198)
- Art. 193: consensual sex between men punishable by up to 7 years’ imprisonment.
- Art. 198: provision used to criminalize “imitating the opposite sex” was struck down by the Constitutional Court on Feb 16, 2022 (rights to personal freedom).
Prostitution, brothels, procuring
Prostitution and solicitation are illegal; brothel-keeping and procuring are criminal offences under Kuwaiti law (with classic regional definitions applied in enforcement).
Age thresholds & child protection
Kuwait’s framework imposes heavy penalties for sexual offences involving minors, with additional protections under Children’s Rights laws and criminal provisions addressing exploitation and pornography.
Penalties overview (selected)
| Offence | Indicative penalty | Notes |
|---|---|---|
| Adultery / sex outside marriage | Up to 5 years’ imprisonment + fine | Covers adultery and sex between unmarried persons. |
| Male same-sex relations (Art. 193) | Up to 7 years’ imprisonment | Applies to consensual acts between adult men. |
| Prostitution / brothel-keeping | Criminal offences; custodial terms possible | Definitions and penalties set in Penal Code; solicitation enforced. |
| Child sexual exploitation | Severe custodial penalties | Multiple statutes including Children’s Rights Law. |
Historic or customary practices
Until March 2025, Article 153 effectively granted reduced sentences for men who killed female relatives caught in adultery; this provision was officially abolished (gazetted) in 2025.
“Kuwait has officially abolished Article 153 of the Penal Code…”
Kuwait does not apply stoning as a judicial punishment. Contemporary penalties are prison/fines under the Penal Code.
Practical cautions for visitors
- Privacy first: keep relationships discreet; avoid public displays of affection.
- Hotels: many properties restrict unregistered visitors to guest floors.
- Alcohol & drugs: alcohol is illegal; drug penalties are severe.
- Social media: sharing intimate content can create legal exposure under morality/cyber laws.
- LGBTQ travelers: legal risks persist despite the 2022 court ruling on art. 198; exercise high discretion.
References
Amnesty International. (2022, Feb 16). Kuwait: Overturning law criminalizing ‘imitation of the opposite sex’.
Human Rights Watch. (2020). World Report 2020: Kuwait.
Human Rights Watch. (2024). World Report 2024: Kuwait.
Human Rights Watch. (2022, Feb 17). Kuwait Court Rules Anti-Transgender Law Unconstitutional.
Kuwait Times. (2025, Mar 16). Kuwait abolishes Article 153.
The Times Kuwait. (2025, Mar 17). Kuwait abolishes law reducing punishment for honor crimes.
Law Library of Congress. (2022, Feb 28). Constitutional Court rules provision criminalizing imitating the opposite sex unconstitutional.
UN Digital Library. (2007). CRC: Optional Protocol report — Kuwait.
ICMEC. (2023). Kuwait — National Legislation (child protection).
HIV Law Commission. (2012). Prostitution in the Arab World: A legal study (Working paper; Kuwait section).