Defendant found to have had consensual sex with woman whom he was accused of raping in a flat
Dubai: A lifeguard has been jailed for three months for having consensual sex with a woman, who claimed that he raped her shortly after she had slept with his roommate.
The Kenyan woman said that she visited a place where African nationals gather to drink alcohol in Al Quoz and met her countryman, who invited her over to spend the night at his flat in April.
They finished consuming alcohol before she accompanied the man to the flat.
The Kenyan man had consensual sex with her at 4am and shortly after that, the man went out to the balcony to smoke.
The Kenyan woman alleged that when her countryman was busy smoking, the 38-year-old Tanzanian lifeguard [the Kenyan man’s roommate] forced himself on her and raped her.
The Kenyan man fought with the Tanzanian after the woman had told him that she had been raped.
Later, the woman went out to the balcony, tossed a small pebble at the building’s security guard who was standing a bit far, to get his attention and asked him to call the police.
When he showed up before the Dubai Court of First Instance, the Tanzanian defendant rejected the Kenyan woman’s allegations that he raped her.
He pleaded not guilty and contended that they had consensual sex.
According to Wednesday’s ruling, the court jailed the Tanzanian to three months in jail after downgrading the rape accusation to consensual sex.
The 38-year-old accused will be deported after serving his jail term.
The Kenyan woman claimed she met the roommate at what she called “a drinking den where all Africans meet to mingle and drink liquor” in Al Quoz.
“I consumed liquor with my countryman for a while before I went to a nearby supermarket. The suspect came and asked me for my number but I refused to give it to him. I did not have enough money for the taxi and asked my countryman to lend me some money. Instead he invited me to stay over at his flat so I accompanied him. When we entered the flat (that was shared by a number of persons), I was surprised to see the defendant inside. My countryman set a mattress for us to sleep in the middle of the room. I agreed to have sex with him.
“The suspect came and asked me to help him in the kitchen … then he locked the door and told me that I had refused to give him my number. Then he said he wanted to have sex with me but I turned him down … when he tried to approach me, I grabbed a knife and threatened to use it before he walked away. I left the kitchen and told the roommate what had happened and he told me to take it easy because the suspect was drunk. My countryman went to smoke in the balcony and the accused came and raped me,” she claimed.
A police lieutenant said the building’s security guard notified them about a woman attempting suicide.
“We rushed to the scene and on-site interrogations revealed that she had consensual sex with her countryman who ran away and the suspect raped her,” he told prosecutors.
The 38-year-old defendant dismissed what he described by the woman’s unfounded rape claims.
The primary ruling remains subject to appeal within 15 days.