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Dubai: Unmarried Sex More Criminal Than Rape

Sunday, January 10, 2010

Dubai - Unmarried Sex More Criminal Than Rape

A British woman arrested in Dubai for sex outside marriage after making a rape complaint hopes a hasty wedding to her fiance will result in her being freed, British papers say.

The 23-year-old said she was raped by a waiter at a hotel where she was celebrating her engagement to her 44-year-old boyfriend on New Year's Eve.

But when the London couple reported the alleged rape to police, they were arrested for having sex outside marriage and being drunk outside licensed premises, the Guardian said.

The couple, Muslims of Pakistani origin, spent two days in jail and have had their passports confiscated to prevent them leaving until their court case. But the Daily Mail reports the woman has been told that she must drop the rape allegation, admit to being drunk and marry her fiance if she wants to return to Britain.

The British Embassy planned to marry the couple within weeks in the hope lawyers would drop the charges, the Mail said.

"I always dreamed of a big family wedding in Britain, but now I just want to get married so I can get out of here," the 23-year-old is quoted as saying in the The Sun. "I've done nothing wrong but I'm petrified of rotting in jail."

The woman told British papers she felt Dubai authorities were being tougher on her because she was a Muslim. "Sex outside marriage and drinking alcohol are illegal but police are normally lenient with white, non-Muslim foreigners," the Mail said.

UK mother jailed for adultery loses child custody fight

Tahira Yaqoob

DUBA:  March 24, 2009

A British mother jailed for adultery has been refused custody of her two sons as she awaits deportation.

Marnie Pearce, 40, was hoping her children aged eight and four would be returned to her, despite her conviction. Adultery is a criminal offence in the UAE.

But after two failed appeals in the criminal courts, Dubai’s family court today decided to award full custody of her sons to their father, Ihab el Labban, 42.

She will not be allowed to remain in the country after completing her three-month sentence in April.

A friend of Pearce said: “We have been advised that under Sharia law Marnie still has a right to see the boys. However, if she is deported to the UK that will not apply, so we will continue to try to stop the deportation, allowing her to remain in the UAE. That will mean she is able to see the children.

“We expected this outcome because of her conviction, but she is determined to still fight to see the children.”

Pearce is not thought to have been present during the hearing, where she was represented by her lawyer, Samira Gargash.

Mr el Labban is understood to have filed a suit for Dh20,000 (US$5,450) in damages against her for defamation of character because of the highly publicised nature of their split, which has attracted attention around the world.

The couple separated in Dec 2007. Mr el Labban filed for custody in Feb 2008, then accused her of adultery. She denied the charge but was convicted in November last year and sentenced to six months in jail. The jail sentence was halved on appeal in January.

Pearce went on the run with the children for a month but surrendered to police in time to fight a second and final appeal last week, which she lost.

Since she was imprisoned in February, friends say she has lost weight and fear she may be close to a breakdown. One said: “She is very up and down. Although she has not seen the boys, they have phoned her about seven times.”

British Embassy officials have asked the Attorney General to review the case and waive the deportation. Amnesty International and Fair Trials International have also backed her, saying the interests of the children must come first.

Mr el Labban was not available for comment.

More Information on UAE : Family Law :
When child custody disputes arise between parents, custody decisions are based on Islamic law  continue

while divorce is permissible in Islam  continue

A British woman arrested in Dubai for sex outside of marriage  continue

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