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The Dubai Court of Cassation has upheld the six-month jail term, ordered against the 30-year-old Moroccan man, by the two lower courts.
It also confirmed the deportation order passed against him.
During the trial, he denied the rape charge, claiming it was consensual sex.
The defendant had a companion with him at the time of the incident. The latter was referred to the Court of Misdemeanours.
The incident took place on December 21, 2017, and a case was registered at Al Barsha police station. The complainant, a 24-year-old American of Arab origin, said she had met the defendant on board the flight while coming to Dubai. "He introducedhis accomplice as his cousin. I told him I would stay at a hotel in the Marina during my three-day vacation.
"I invited him over to my hotel room. He said he would bring his cousin along. We all drank alcohol and I got drunk."
She told the prosecutor she took him to her bedroom as he wanted to recharge his mobile phone. He suddenly punched her on the face making her pass out. She woke up to find she was raped. The duo then followed her down to the lobby while she reported the incident to the security guard and later to the police. She said they stole Dh 5,500, a pair of earrings and her passport.
The night operation manager at the hotel, a Syrian, said he was called after by the receptionist. "I learned from him that a hotel guest in swimming robe had complained to him crying that two men raped her."
The manager added that he went down to the reception and saw all the three persons looking drunk. "I spoke to the woman who told me that she got raped and beaten up. The police arrived shortly later."
A police sergeant said they went to the hotel after receiving the rape report. "We spoke to the manager and then to the guest. She recounted to us how she invited the accused over to her room and he came with his cousin. She had apparently been drinking alcohol."
According to the forensic examiner, bruises and scratches were seen on the woman's body (face, left chest, arms and legs). Bodily fluids found on her indicate she had a sexual relation at the time of her complaint, the DNA of which matched with that of the accused.
A report from the general directorate of criminal evidence and forensics cited two very short video clips taken from the defendant's mobile phone showing a woman filming herself in shirt.
mary@khaleejtimes.com
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