Sex outside marriage: Jail for love trio?

Dubai: Expats in a love triangle, locked up in Dubai risk further jail time, prosecution records reveal, lifting the covers on a sordid sex crime investigation.

A restricted-access Dubai public prosecution report obtained by XPRESS shows charges will be laid against three expatriates for drinking alcohol without a licence and having sex outside of marriage, both crimes in the UAE.

The twisted bust-up involving Toby Carroll from New Zealand, Danielle Spencer from England and Priscilla Ferreira from Brazil continues to remain under "investigation" the report reveals.

UNDER INVESTIGATION

The trio faced 12 ‘initial charges' after police came across the bizarre scene in Kiwi banker Carroll's apartment last month.

Police, called by Carroll, found fiery Ferreira wielding a knife and threatening Carroll and Spencer after catching them in the act. All three spent around six weeks in police custody.

The 12 charges they initially faced included consensual sex, consuming alcohol, causing a brawl and threatening to kill.

The prosecution opened the report on December 24 last year.

However, according to latest records they face only five charges - three of consensual sex, a charge of threatening to kill and a charge of consuming alcohol without a licence.

It was unclear as to who out of the three the charges relate to, but it is likely they each face a charge of consensual sex.

Spencer has publicly denied she had sex with Carroll. The Kiwi banker has gone underground, avoiding public comment. His mother who rushed to Dubai this week told New Zealand media she has requested authorities not to comment on the case. Meanwhile, Ferreira and Spencer, who shared the same cell, have spoken to British media, denying they had sex with him.

Misdemeanour case

The prosecution report classes the case as a "misdemeanour", which is less serious than a felony. Typically, a misdemeanour penalty carries a fine or jail term of up to a year.

A top Emirati legal expert said any sex charges would likely be based on medical tests taken while the trio were locked up.

Mohammad R. Al Suwaidi, Head of Young Arab Lawyers Committee and manager of his law firm, said a high degree of evidence is required for sex charges to stick in court, including a suspect's confession, witness testimonies or medical tests. It was standard practice in cases of this kind for the woman and man to undergo forensic and medical examination.

The burden of proof under Sharia (Islamic law) is even tougher, Al Suwaidi said. Under Sharia, four witnesses are required to testify and if there are less than four then the other witnesses may be charged with defamation. "This is to prevent unfair damage of reputation," he said.

Opinions about the case among Dubai expatriates remain divided. An online forum showed expats are divided — 55 per cent believe the trio deserved to be punished under the UAE law because they live in the Emirate, compared to 45 per cent saying they don't deserve court or jail time.