UAE | Crime
Duo jailed after court modifies rape charges to consensual sex
Medical report shows no force was used against 18-year-old visitor.
- By Bassam Za'za', Senior Reporter
- Published: 23:02 June 14, 2009
Dubai: A court has modified a rape charge against a trader and a visitor, both from Kyrgyzstan, to having consensual sex with an 18-year-old and jailed them for one year.
The Dubai Court of First Instance dropped the rape charge against 27-year-old trader D.K., and 24-year-old visitor, T.M., and charged them instead with having consensual sex with an 18-year-old compatriot girl.
Pronouncing yesterday's verdict, Presiding Judge Fahmi Mounir said the two will be deported after serving their jail term. One of the six lawyers who defended the two accused, advocate Ali Abdullah Al Shamsi said: "Every suspect who quarrels with a girl over the rate she charges for having consensual sex is arraigned for rape and referred to court for prosecution and almost all rape cases are referred to court due to financial disagreements."
Al Shamsi, who represented D.K., argued in his defence that the medical examination and forensic report confirmed there was no act of violence during the incident.
Al Shamsi and a team of defence lawyers comprising Saeed Al Ghailani, Nabih Badr, Obaid Ali Obaid, Amal Bakri and Salman Lutfi argued that the suspects didn't rape the woman.
They unanimously said that the woman, S.S., phoned T.M. after midnight and asked to go out with him before they headed to D.K.'s villa in Palm Jumeirah and had consensual sex.
The lawyers asked the court to pronounce their clients' innocence or refer them to the Dubai Court of Misdemeanours to be prosecuted, along with S.S., for having consensual sex.
"No, and it didn't happen," said the defendants individually when they defended themselves in court.
The Public Prosecution charged D.K. and T.M., with tricking S.S. and pretending they wanted to drive her around Dubai before they headed to the trader's villa on Palm Jumeirah where she claimed they both forced her to have sex with her one at a time.
"It was sometime after midnight when I sent a hello message to the mobile phone of T.M. whom I met earlier in my country and he phoned and said he would pick me up and drive me around Dubai. We went to the villa, had dinner and consumed alcohol. D.K. took me to watch a film in the bedroom upstairs and he pushed me onto the bed where he raped me and T.K. did the same," claimed S.S.
The ruling is subject to appeal within 15 days.
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