Part 7
A place where to take you kids in vacation
Dubai Rape Case Reveals Horribly Stunted UAE Legal Code
A stunning report on how UAE officials are bungling a gang-rape case and in the process revealing a massively out-dated legal system:
Alexandre Robert, a French 15-year-old, was having a fine summer in this tourist paradise on the Persian Gulf.... He bumped into an acquaintance, a 17-year-old native-born student at the American school, who said he and his cousin could drop Alex off at home.
There were, in fact, three Emirati men in the car, including a pair of former convicts ages 35 and 18, according to Alex. He says they drove him past his house and into a dark patch of desert, between a row of new villas and a power plant, took away his cellphone, threatened him with a knife and a club, and told him they would kill his family if he ever reported them.
Then they stripped off his pants and one by one sodomized him in the back seat of the car. They dumped Alex across from one of Dubai’s luxury hotel towers.
Alex and his family were about to learn that despite Dubai’s status as the Arab world’s paragon of modernity and wealth, and its well-earned reputation for protecting foreign investors, its criminal legal system remains a perilous gantlet when it comes to homosexuality and protection of foreigners.
The authorities not only discouraged Alex from pressing charges, he, his family and French diplomats say; they raised the possibility of charging him with criminal homosexual activity, and neglected for weeks to inform him or his parents that one of his attackers had tested H.I.V. positive while in prison four years earlier...
Why bungle the case? It seems so straightforward. Here's the kicker:United Arab Emirates law does not recognize rape of males, only a crime called “forced homosexuality.” The two adult men charged with sexually assaulting Alex have pleaded not guilty, although sperm from all three were found in Alex. The two adults appeared in court on Wednesday and were appointed a lawyer. They face trial before a three-judge panel on Nov. 7. The third, a minor, will be tried in juvenile court. Legal experts here say that men convicted of sexually assaulting other men usually serve sentences ranging from a few months to two years. Dubai is a bustling financial and tourist center, one of seven states that form the United Arab Emirates. At least 90 percent of the residents of Dubai are not Emirati citizens and many say that Alex’s Kafkaesque legal journey brings into sharp relief questions about unequal treatment of foreigners here that have long been quietly raised among the expatriate majority. The case is getting coverage in the local press.
It also highlights the taboos surrounding H.I.V. and homosexuality that Dubai residents say have allowed rampant harassment of gays and have encouraged the health system to treat H.I.V. virtually in secret. (Under Emirates law, foreigners with H.I.V., or those convicted of homosexual activity, are deported.)
It gets worse. They tried to blame the victim:Alex stayed in Dubai in order to testify against his attackers, and went back to school in September, despite suffering unsettling flashbacks. In early October, however, the family said, their lawyer warned Alex that he was in danger of facing charges of homosexuality and a prison term of one year... In business and finance, the nation has worked hard to earn a reputation for impartial and speedy justice. But the criminal justice system has struggled, balancing a penal code rooted in conservative Arab and Islamic local culture, applied to an overwhelming non-Arab population of foreign residents.
A 42-year-old gay businessman who would speak only if identified by his nickname, Ko, described routine sexual harassment by officials during his 13 years living in Dubai. He cut his shoulder-length hair to avoid attention, he said, but after years of living in fear of jail or deportation, he is leaving the country.
Although rape victims here generally keep quiet, some who have been raped in Dubai have shared testimonials in recent days on boycottdubai.com, a Web site started by Alex’s mother.ustice for future rape victims here.