A British tourist has been arrested and charged with
illegal “extra-marital sex” in Dubai after telling police she had
been gang raped.
The 25-year-old woman, who cannot be identified for legal
reasons, was on holiday in the United Arab Emirates when she was
allegedly attacked by two British men last month.
When she reported the rape at a police station, she was
allegedly arrested for breaking Emirati laws against extra-marital
sex, while her attackers have since flown home to the UK.
The UK-based Detained in Dubai campaign group said she has been
released on bail but had her passport confiscated, meaning she
cannot leave the country, and could face trial for offences with
punishments including jail, deportation, flogging and stoning to
death.
The group is in contact with the woman’s family, who claim the
two men took it in terms to rape her while filming the attack at a
hotel.
“They have taken her passport as lawyers thrash it out. She is
staying with an English family but she is absolutely terrified,” a
family friend told The Sun.
“She went to the police as the victim as one of the worst
ordeals imaginable but she is being treated as the criminal.”
Radha Stirling, the founder and director of Detained in Dubai,
said the case a “tremendously disturbing“ example of long-running
abuses in the holiday resort.
"Police regularly fail to differentiate between consensual
intercourse and violent rape,” she added.
"Victims go to them expecting justice, and end up being
prosecuted. They not only invalidate their victimisation, they
actually punish them for it."
A spokesperson for the Foreign and Commonwealth Office told The
Independent it was aware of the case and providing support to the
woman and her relatives, as well as remaining in contact with local
authorities.
Its travel advice for the UAE says all sexual relations outside
marriage are considered illegal, whatever a couple’s relationship
at home, alongside homosexual sex and same-sex marriages.
“It’s against the law to live together, or to share the same
hotel room, with someone of the opposite sex to whom you aren’t
married or closely related,” the advice states.
The laws, which can also see unmarried pregnant women and their
partners jailed, have been used to criminalise rape victims
including women from Norway and Australia, and several previous
British victims.
The burden of proof required for rape under the UAE’s
interpretation of Sharia law – a confession from the rapist or
witness statements from four adult men - mean that cases that reach
court are heavily skewed in the defendant’s favour and are
frequently dismissed or turned around to prosecute the alleged
victim.
Campaigners say female migrant workers are hit particularly hard
by the laws, with their stories rarely attracting the public
attention or outcry garnered by cases involving Westerners.
Ms Stirling said the UAE has a long history of penalising rape
victims.
“We have been involved with several cases in the past where this
has happened, and we work with the lawyers and families and have
campaigned to change attitudes in the police and judiciary,” she
added.
“The horrible case at hand shows that it is still not safe for
victims to report these crimes to the police without the risk of
suffering a double punishment.”