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Prosecutors lose appeal in consensual sex case

Appeal Court confirm defendant’s 1-year jail for consensual sex with flatmate, who claimed rape

Gulf News

Dubai: Prosecutors lost their appeal against a tour guide, who was jailed for a year for having consensual sex with his flatmate although she had accused him of rape.

In May, the Dubai Court of First Instance convicted the 25-year-old Chinese tour guide of having consensual sex with his 20-year-old countrywoman after modifying his rape and attempted rape accusations.

Although prosecutors had charged the defendant of raping his flatmate twice within two days and trying to rape her a third time before she ran away and reported the matter to the police, the 25-year-old said that they had consensual sex.

The 20-year-old shared the residence with her two countrywomen and the defendant, who lived in a separate cubicle in the same flat at the China Cluster of Dubai International City.

Prosecutors appealed the defendant’s one-year imprisonment before the Appeal Court and sought to have his rape charges reestablished and to stiffen his punishment.

When he showed up before the appellate court, the 25-year-old renewed his not guilty plea and denied his rape charges. He maintained that they had consensual sex.

On Sunday, presiding judge Eisa Al Sharif dismissed the prosecutors’ appeal and upheld the defendant’s one year jail sentence.

“The accused will be deported following the completion of his punishment,” said presiding judge Al Sharif.

The 20-year-old woman said it was her day off and her countrywomen were at work when the 25-year-old got on to her bed and had sex with her for the first time in October 2017.

When her friends returned, she told them what had happened and they advised her not to report to the police because the defendant could be a member of a Chinese gang that could hurt her.

Two days later, the 25-year-old walked in on the woman, who was asleep, and had sex with her again. She was scared to report it to the police the second time as well, said records.

The third time happened towards the end of the month when the man attempted to undress and have sex with her while she was heading to the balcony.

The girl pushed him away and ran out of the flat and called the police.

Police arrested the 25-year-old soon after the countrywoman claimed he had raped her.

The defendant dismissed the woman’s rape allegations.

The 20-year-old woman alleged the first time the defendant took her by surprise at 8.30am as she slept.

“My flatmates warned me that the defendant could be a Chinese gangster and hurt me if I reported him to the police. The third time he tried to rape me, I pushed him away, left the flat and called the police,” she testified.

A police sergeant said the defendant was apprehended at the entrance of the building where he stayed.

“The 25-year-old said that she was his girlfriend and they had consensual sex,” he testified.

The appellate court upheld the primary court’s decision to reduced the rape charge to consensual sex.

Sunday’s ruling remains subject to appeal before the Cassation Court within 30 days.

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