Dubai Court Acquits Two Men Of Rape, Kidnapping Charges Due To Lack Of Evidence

The Dubai Criminal Court has acquitted two Emirati men of multiple charges, including kidnapping, rape, and sexual assault by force, after a comprehensive review of the case. The court cited insufficient evidence to support the allegations following hearings, forensic analysis, and witness testimonies.

The first defendant, an unemployed Emirati, had been charged with kidnapping, unlawful detention, issuing death threats with intent to rape, committing rape by force, and physical assault. The second defendant, an administrative employee, faced charges of aiding in the kidnapping and detention, sexual assault by force, and physical assault.

According to the case file, the victim testified that she received a call from the first defendant on the day of the incident. They agreed to meet and have dinner in Al Khawaneej, after which he took her to a private farm owned by the second defendant in the Al Tayy area. There, according to her account, she was beaten, threatened, and raped, with the second defendant also participating in the assault and forced sexual contact.

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During the trial, the court heard the victim's testimony, which was consistent with her initial complaint and the prosecution's investigation, as well as the testimony of the police officer who found her after a distress call. Medical reports presented to the court confirmed the presence of bruises and injuries that would heal in less than twenty days and noted two old tears in the hymen, the dates of which could not be determined.

Defence lawyer Mohammed Awami Al Mansouri submitted a detailed memorandum arguing that there was no conclusive evidence of coercion or use of force. He emphasised that the relationship between the first defendant and the victim was ongoing and consensual and that she was not forced to accompany him or enter the location.

The defence highlighted that the victim willingly got into the defendant's vehicle and went with him by choice and that medical reports did not show injuries consistent with her claims of rape by force or severe violence.

Al Mansouri insisted that the principle of "doubt is interpreted in favour of the accused" should apply, as the circumstances of the case did not meet the threshold of certainty required for conviction, especially in the absence of material evidence that the victim was restrained or prevented from leaving.

He also argued that consensual sexual relations between adults are not criminalised under UAE law if the woman is over eighteen, as confirmed by official documents, and that portraying the relationship as rape had no solid legal basis.

In its reasoning, the court stated that the evidence showed the victim was in a relationship with the first defendant, including multiple meetings, and that she willingly got into his car and went to the location without any proof she tried to escape or refused to accompany him. The court noted it was not bound by the prosecution's legal characterisation of the events and considered the actions as aggravating circumstances for kidnapping and detention only if proven.

After reviewing the evidence, the court found that the elements of kidnapping and detention were absent, as there was no proof the victim was prevented from leaving or that her wish to leave was denied. There was also no conclusive evidence of coercion or force sufficient to negate her will, especially since the medical examination did not confirm injuries in the areas she claimed were assaulted. The court determined the incident remained in doubt and did not reach the level of certainty required for conviction.

Accordingly, the court acquitted the defendants of all charges due to the absence of both material and moral elements of the crime, based on the principle that consensual sex and sexual acts with a woman over eighteen are not criminalised under current law. The court also rejected the civil lawsuit filed by the defendants against the victim, affirming her legal right to report the incident, provided that bad faith or abuse of process was not proven.

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