Dubai: A cleaner will spend five years in jail after he lost his appeal in the case of getting drunk and raping his male roommate while he was sleeping.
The 31-year-old Pakistani cleaner, M.Y., forced himself on his 22-year-old Nepalese roommate, who was sleeping, and had sex with him while he was heavily intoxicated in January 2014.
In February, the Dubai Court of First Instance convicted M.Y. of raping his roommate and consuming liquor.
The defendant appealed the five-year jail term and pleaded guilty to consensual sex when he defended himself before the Dubai Appeal Court.
On Sunday, presiding judge Eisa Al Sharif rejected M.Y.’s appeal and upheld the primary ruling.
“The accused will be deported following the completion of his punishment,” said presiding judge Al Sharif.
The cleaner contended before the primary court that he was too drunk to remember having sex with his male colleague.
“I was very drunk and I do not remember what happened,” M.Y. told the primary court.
However, when he entered his plea before the appellate court, he contended that he had consensual sex with his roommate.
Court records said the accused pinned down his sleeping colleague and raped him.
The Nepalese roommate said the incident happened shortly after their friends left the room and he went to sleep in January 2014.
“The accused drank alcohol. Suddenly he jumped on me and prevented me from moving. Then he raped me. I tried to run away but he had me pinned to the bed,” said the Nepalese.
A policeman testified that M.Y. was very drunk at the time of his arrest and was not sober enough to be questioned.
The defendant was quoted admitting to prosecutors that he was too drunk to realise what he did and denied raping the Nepalese.
Sunday’s ruling remains subject to appeal before the Cassation Court within 30 days.
