The Student Room Group

British teenager sentenced to one year in prison in Dubai for sex with 17 year old

I'm interested in people's views on this. For those who are unaware, the story is here:

https://www.bbc.co.uk/news/articles/cly2zq1yl0ko

Basically, two British families go on holiday to Dubai. Marcus Fakana, who is 18 and from one of the families, and has sex with a 17 year old girl from the other family. The sex is entirely consensual, and he tells his family about the relationship. The girl does not. Her mother finds out when they are back home. She calls Dubai on finding out and reports the matter to the police, who arrest Marcus (he's still at the same hotel). Why? Because the age of consent in Dubai is 18, not 16 like it is here. He is found guilty and sentenced to one year in prison.

Now, there are two valid points that one can make here. First, yes, he is naive to have not considered that the law may be different in Dubai. I think plenty of 18 year olds would have made this mistake and it is an understandable one, but it is a mistake. And second, as much as you would hope that the Dubai legal system would be lenient with him, you can absolutely never guarantee or expect that. Under their laws, he broke the law and has been sentenced accordingly. I would hope that the Dubai authorities would deal with this in a more practical way, but it's hardly a country known for dealing with things practically.

However, my focus is on the actions of the girl's mother. To make the call to get this boy arrested when you know he has had consensual sex with your daughter at an age when it would be entirely legal in the UK (them both being British) is absolutely appalling. I cannot understand how bitter and small minded you have to be to decide to do that, and I say that as a father to a daughter. Not only has she done something to this boy that could have a significant negative impact on the rest of his life, she has probably also irreparably damaged her relationship with her daughter too. It is just an absolutely awful thing to do, and to my mind is what the story is about.

Interested to hear how other people view it.

Reply 1

Agree with you, the mother's actions were awful and it's likely done irreparable damage to the boy's life.

Reply 2

why would you even go there, knowing some of their laws are medieval...

Reply 3

Why would anyone go to a middle eastern country for a vacation.
Too many boast about countries like this, loudly and proudly.
Hopefully this will bring more awareness and people will stop visiting countries like this.

Reply 4

The mother doesn’t sound good, that being said, if you go to to a different country (especially as a foreigner), you should respect the laws of that country.

Reply 5

You've used the phrase 'consensual sex' twice, but it wasn't; the girl was below the age of consent. Would you say the same if a 16yo boy and 15yo girl in the UK agreed to have sex?

Whilst I don't agree with the mother's actions- and we don't know that she wasn't aware of this on holiday and waited until they were home to avoid her daughter being arrested - people should be aware of the laws of the country they are visiting. And what's wrong with showing some restraint and respect and not having sex with someone the minute you've met them (which would apply in other situations too)? What does that whole thing say about both sets of parents and how they've brought up their children?

Reply 6

Original post
by Surnia
You've used the phrase 'consensual sex' twice, but it wasn't; the girl was below the age of consent. Would you say the same if a 16yo boy and 15yo girl in the UK agreed to have sex?

I mean it in the practical sense that she consented to it. Her ability to do so legally obviously depends on the country that she is in at the time. But she did not have sex with him against her will, and there is every chance that neither of them realised that the age of consent was higher in Dubai.

And what's wrong with showing some restraint and respect and not having sex with someone the minute you've met them (which would apply in other situations too)? What does that whole thing say about both sets of parents and how they've brought up their children?

I'm not sure I'd be so quick to jump to conclusions about that. Holiday romances are not uncommon, particularly when you may not actually practically be able to see the other person again. It's not something I'd probably do now, but I understand why teenagers might. I don't think it necessarily says anything about their upbringing or the type of people they are. They just sound like teenagers to me.

Reply 7

is it just me, or is it weird for a law firm to write on its blog:

'Engaging in sexual activities with a minor in the UAE is not only a moral issue but also a legal one. The law is clear that any sexual activities with a person under the age of 18, regardless of consent, is considered a criminal offense. This includes any form of sexual contact, whether it is consensual or not'.

https://hzlegal.ae/the-age-of-consent-in-accordance-with-uae-law/

like i know some users on tsr think the age of sexual consent should be 18, but it's weird when a lawyer slips in a moral lesson when giving legal tips since morality is a personal opinion that is surely independent from giving legal information. jmho

well, least the same para confirms that it's not that 17-year-olds there can't consent in practice; it's that consent is irrelevant (if they aren't married). wonder if mum found a similar website and took it too much to heart when it mentioned the important role of parents 'educating' their children, cuz she sure went above and beyond on that one. sadly for her tho, daughter is 18 now so she'll have to find other methods of sex education.

Reply 8

Original post
by nonchalant-
Why would anyone go to a middle eastern country for a vacation.
Too many boast about countries like this, loudly and proudly.
Hopefully this will bring more awareness and people will stop visiting countries like this.

Because they are beautiful to visit and if you abide by their laws, no matter what you think of them they are safe.

It is the elevated sense of entitlement that most westerners have that leads to comments like yours. Just because we don’t rigorously enforce our laws to people coming into this country doesn’t mean that other countries should do the same.

That being said. The mother wants to hang her head in shame for this. Seems petty to me.

Reply 9

Original post
by imlikeahermit
Because they are beautiful to visit and if you abide by their laws, no matter what you think of them they are safe.
It is the elevated sense of entitlement that most westerners have that leads to comments like yours. Just because we don’t rigorously enforce our laws to people coming into this country doesn’t mean that other countries should do the same.
That being said. The mother wants to hang her head in shame for this. Seems petty to me.

Trigger warning

Spoiler

(edited 11 months ago)

Reply 10

Original post
by imlikeahermit
Because they are beautiful to visit and if you abide by their laws, no matter what you think of them they are safe.
It is the elevated sense of entitlement that most westerners have that leads to comments like yours. Just because we don’t rigorously enforce our laws to people coming into this country doesn’t mean that other countries should do the same.
That being said. The mother wants to hang her head in shame for this. Seems petty to me.

Nah. The people are wack.

Reply 11

I can sympathise with the boy. After all, what he has done seems much more like an error of judgement rather than something that’s actually malicious.

Having said that, I don’t think anyone can complain about the sentence that he’s been given. “But it’s legal in my country” is not a valid get-out-of-jail-free card. We would never accept that excuse in the UK if an adult came and slept with a minor here, and Dubai has no reason to either.

People have also pointed out the small age gap between them. But that is of zero relevance. The law (both in the UK and Dubai) doesn’t care about the age gap, it cares about both people being above the age of consent. If both parties are adults, they can do whatever they like. If not, then it is non-consensual. The idea that a smaller age gap makes a relationship more acceptable is a purely cultural one and has no basis in law.

Given the mitigating factors of the case though, the sentence is quite fair. It’s only a year, and after appeals might be even less than that. One would normally expect a far harsher sentence for someone engaging in paedophilia / statutory rape.

Reply 12

Original post
by tazarooni89
I can sympathise with the boy. After all, what he has done seems much more like an error of judgement rather than something that’s actually malicious.
Having said that, I don’t think anyone can complain about the sentence that he’s been given. “But it’s legal in my country” is not a valid get-out-of-jail-free card. We would never accept that excuse in the UK if an adult came and slept with a minor here, and Dubai has no reason to either.
People have also pointed out the small age gap between them. But that is of zero relevance. The law (both in the UK and Dubai) doesn’t care about the age gap, it cares about both people being above the age of consent. If both parties are adults, they can do whatever they like. If not, then it is non-consensual. The idea that a smaller age gap makes a relationship more acceptable is a purely cultural one and has no basis in law.
Given the mitigating factors of the case though, the sentence is quite fair. It’s only a year, and after appeals might be even less than that. One would normally expect a far harsher sentence for someone engaging in paedophilia / statutory rape.

you’re not entirely correct in para three where you say it has zero relevance. a small age gap is relevant in the UK; it’s one of the factors the cps considers when determining whether to prosecute a youth who had sexual activity with a person under the age of 16.

one cannot just read statutory law and know the law in our common law legal system. please see code for crown prosecutor s.5-13 SOA 2003 where it lists in the public interest test 'The relevant ages and levels of maturity of the parties, i.e. the same or no significant disparity in age'.

https://www.cps.gov.uk/legal-guidance/rape-and-sexual-offences-chapter-7-key-legislation-and-offences

other factors cps considers is whether both parties entered into sexual activity willingly (ie did they both understand the nature of his or her actions and were able to communicate this willingness freely) and whether it represents a genuine transitory phase of adolescent development. why? cuz over here Parliament's intention is not to punish teenagers unnecessarily or to intervene where it is wholly inappropriate; the overriding purpose of the legislation (soa 2003) is to protect children from predatory adults.

meanwhile, in Dubai the purpose of law is to reinforce cultural/religious values; as my source earlier (written by a firm in Dubai) acknowledges a teenager may in fact consent, but that in law it is still an offence. black and white law; no nuance unless the parties are married.

seems tho Dubai is slowly becoming more accommodating for those who don't share the same interest, as just four years ago it decriminalised sex outside of marriage for persons 18+. ngl had i travelled to Dubai with my partner before then, this is something i definitely would not have thought to google check at any point. luckily, like most adults i only have sex in the privacy of a hotel room and no mum to invade my privacy, so chances of being convicted are slim, i hope anyway. doorman not knocking on my door hoping to catch me in sin while on vacay.

Reply 13

Original post
by Genesiss
you’re not entirely correct in para three where you say it has zero relevance. a small age gap is relevant in the UK; it’s one of the factors the cps considers when determining whether to prosecute a youth who had sexual activity with a person under the age of 16.
one cannot just read statutory law and know the law in our common law legal system. please see code for crown prosecutor s.5-13 SOA 2003 where it lists in the public interest test 'The relevant ages and levels of maturity of the parties, i.e. the same or no significant disparity in age'.
https://www.cps.gov.uk/legal-guidance/rape-and-sexual-offences-chapter-7-key-legislation-and-offences
other factors cps considers is whether both parties entered into sexual activity willingly (ie did they both understand the nature of his or her actions and were able to communicate this willingness freely) and whether it represents a genuine transitory phase of adolescent development. why? cuz over here Parliament's intention is not to punish teenagers unnecessarily or to intervene where it is wholly inappropriate; the overriding purpose of the legislation (soa 2003) is to protect children from predatory adults.
meanwhile, in Dubai the purpose of law is to reinforce cultural/religious values; as my source earlier (written by a firm in Dubai) acknowledges a teenager may in fact consent, but that in law it is still an offence. black and white law; no nuance unless the parties are married.
seems tho Dubai is slowly becoming more accommodating for those who don't share the same interest, as just four years ago it decriminalised sex outside of marriage for persons 18+. ngl had i travelled to Dubai with my partner before then, this is something i definitely would not have thought to google check at any point. luckily, like most adults i only have sex in the privacy of a hotel room and no mum to invade my privacy, so chances of being convicted are slim, i hope anyway. doorman not knocking on my door hoping to catch me in sin while on vacay.

And that no nuance in law, and the law essentially being the law is why Dubai and indeed the UAE is much safer than the U.K.

In before the usual left wing warriors chime in with ‘but the people in charge are those committing crimes.’

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