Wheels of injustice
One of the problems in the UAE is that criminal lawyers can only be locals. With such a small pool of talent available, it's no wonder that advocates such as Saeed Al Ghailani surface:
Dubai: A man (who has hepatitis and Aids) convicted of having forceful sex with a 15-year-old boy could not be guilty because the victim's examination proved he didn't contract any disease, his lawyer told a court on Sunday.
This is the same lawyer that came out with this stunning defence argument in an earlier hearing:
"According to a forensic medical report, A.R.’s symptoms prove that he suffers from a disease (Al Ubna in Arabic) which makes him ask others to have sex with him but not otherwise. He has become an addict to submissive sex.
"Therefore, he couldn’t have been forced to have sex with the suspects."
The fact that the rape victim was nearly charged with an "illegal" homosexual affair rather puts paid to Al Ghailani's arguments:
But Alex says the police doctor who examined him that night seemed intent on proving there was no rape, just a consensual sexual act between three men and a 15 year-old gay boy.
"He told me, admit it, you are a homosexual and everything," said Alex. "I got really angry, I told him, 'Listen, I just got raped by three guys.'"
The good news is that the rapists were convicted. Public sentiment among all nationalities has been strongly supportive of the victim. So that gives hope that this appeal will fail.
Dubai: A man (who has hepatitis and Aids) convicted of having forceful sex with a 15-year-old boy could not be guilty because the victim's examination proved he didn't contract any disease, his lawyer told a court on Sunday.
This is the same lawyer that came out with this stunning defence argument in an earlier hearing:
"According to a forensic medical report, A.R.’s symptoms prove that he suffers from a disease (Al Ubna in Arabic) which makes him ask others to have sex with him but not otherwise. He has become an addict to submissive sex.
"Therefore, he couldn’t have been forced to have sex with the suspects."
The fact that the rape victim was nearly charged with an "illegal" homosexual affair rather puts paid to Al Ghailani's arguments:
But Alex says the police doctor who examined him that night seemed intent on proving there was no rape, just a consensual sexual act between three men and a 15 year-old gay boy.
"He told me, admit it, you are a homosexual and everything," said Alex. "I got really angry, I told him, 'Listen, I just got raped by three guys.'"
The good news is that the rapists were convicted. Public sentiment among all nationalities has been strongly supportive of the victim. So that gives hope that this appeal will fail.
40 Comments:
SYLLOGISM, n. A logical formula consisting of a major and a minor
assumption and an inconsequent.
Even if loopholes in the justice system acquit the accused (set him free), the authorities should monitor this person a high-risk (carrier) threat. Rehab in terms of education, counseling, medication etc. is a 100% must.
If I was on the bench of the Appeals Committee, I would vehemently advocate stringent monitoring of this person, to avoid a similar predicament few years down the road, as this person is a walking time bomb.
As for Alex’s tests showing negative results, I don’t buy that. It’s too premature to even address the results of his tests, as it all depends on the human body dynamics. How it evolves, varies from person to person.
For example, sometimes carriers & infected people take a while (months, years) before the strain of this virus shows its true colors.
I hope and pray that strain never shows its true colors in Alex’s case.
"If you don't have AIDS, you did not get raped."
A bit callous, but a view still prevalent in biggot societies accross the world. Then again this guy was probably emulating Sheikh Falah bin Zayed bin Sultan al-Nahyan's Swiss episode.
That Lawyer probably thinks he's a Legal Eagle, too.
Heck! On one hand build this place up with the Palms, Burj Dubai, etc.. on the other hand get worldwide free publicity as the place where little european boys' rapes go unpunished some would say rewarded by buffoon judges that make it all worth it?
This sad situation does not make much sense and illustrates the fact that this town does not have it all under control.
Jabal Brokeback, anyone?
Act 1. A Courthouse, yesterday.
Judge Mental: "Er, hang on a mo, isn't homosexuality illegal in in accordance with our islamic culture and values?"
Lawyer Rashid bin Rumpole: "Quite right m'lud. Therefore my client couldn't have raped said European twink, cos it's haram, like gambling, corruption and prostitution 'n' that which don't exist at all here.
"So logically my client doesn't have AIDS.
"Because, m'lud, when said European cottaging pooftah is finally diagnosed with HIV then this will prove that he must have infected my pious, mosque-going UAE client who sadly languishes in prison.
"Ipso facto..."
Judge Mental: "Case closed!"
Clerk of the Court: "And the next case m'lud is 16 year old Laila who has been accused of moral corruption and anti islamic values due to the fact that every month blood has been found in her private parts."
Judge Mental: "Ok boys, get the stones ready..."
Wait! If homosexuality does not exist legally, why do they have the death penalty for it in the Evil Kingdom? At least the boy was lucky. He was raped in the UAE not in KSA where they would have beheaded him. Small consolation though.
Wasn't there a case last year (or the year before... I think I've been here too long) where a guy raped a camel, and the camel was then killed because it was unclean?
As a journalist I've found myself on the receiving ends of a few cases of allegedly printing untrue stories. On two seperate occasions, one with my defence lawyer, and the second time with the interviewing police officer, I've explained my side of the story only to be asked what the law is, since neither the lawyer nor the police officer knew. Terrifying.
You guys missed the fact that the rapist is wanted for 2 other sex offences prior to his escapade with the French toast.... why couldnt they catch him for the previous offences? What would the authorities do now? They have already sentenced the boy rapist for the french connection, would he be charged and sentenced for his previous explorations?
Repeat offenders should get chemically castrated. That incident is not going to help the Arab image in the West where biggot perceive us as wild beasts. I can already see the headlines. "San Francisco and Dubai, a tale of two cities" or "Dubai, the other city by the bay."
No one deserves to have sex against his/her will, and what the rapists did (if the boy's accusations are true and he was forced into sex) was criminal and they deserver the 15-year sentence.
The question is: why is the (victim)'s mother demanding the death sentence to be carried out against the alleged rapists when it was proven her son did not contract aids or hepatitis 6 months after the incident? Moreover, isn't capital punishment banned in France! Is it because she's French and the rapists Arabs that it is ok for them to be killed for daring to "touch" her son? Would her call for death in French courts be considered or will she be thrown out?
Also, she's also demanding 15 million dhs compensation. This comes after the medical examination of the teenager showed he has had experience in anal sex performed upon him and without force (way before the alleged rape took place).
I think there's more to this story and SD, as usual takes quoutes out-of-context and creates an entirely different thing (I am refering in general to this blog, not specifically this post).
If the alleged rapists did force the "victim" to have sex by force then they deserve to be locked up, but if the boy fabricated the story to get back at someone/settle scores then innocent people would be sent to life-imrisonemnt and (if his mnother had her way) a financial ruin.
What justice.
The defends lawyers are running out of Ideas!!! No Sex No Aids is his last fort! Maybe next appeal he would argue that the boy a**hole is too small for the Rapist huge Manhood!
On the subject of death penalty and rape. I won't debate the merit of French Law vs. Sharia but next time your kid gets raped (God Forbid) ask yourself how you would feel and what you would ask for.
This comes after the medical examination of the teenager showed he has had experience in anal sex performed upon him and without force (way before the alleged rape took place).
@ Anonymous - 05 February, 2008 13:29
This, you know from where? Or are you just assuming for the sake of provoking an argument(s)?
It's easy to play pretend behind an Anonymous guise, isn't it?
I hope push never comes to shove your way or that you find yourself waking up to smell the thorns, one day!
anon 05 February, 2008 15:06
I do see your point, and I certainly wouldn't want anything of the sort happening to my children. But all I am saying is that since she's coming from the most civilised country in the world (France) that prides itself as being advanced democracy she still shows signs of "barbaric" streaks if you know what I mean.
@ Kyle 05 February, 2008 17:26
If you were following the news you would have known just as much.
"It's easy to play pretend behind an Anonymous guise, isn't it?"
What' this got to do with anything!! What, my post didn't suit you?
@ Anonymous at 05 February, 2008 17:43
You’re damn straight; I didn’t like your comment. And no, I don’t trust anything that I read in the local media. One minute, what’s white can be black the next. There’s no consistency in reporting, let alone incoherence. How do I say this ‘reporting here is more so about convenience, to those that call the shots here’.
I hope you dig my candor!
Act 2: Police Interview Room. A young French boy sits opposite a policeman, when suddenly the door bursts open.
Sgt Dhahi bin Dock Green:" Ah, doctor, most welcome. Please, this is the crim... er, gentleman."
Dr Mohd Mansore: "Ah, I see and what exactly is the problem?"
French boy: "I've been raped."
Sgt Dhahi bin Dock Green: "We'll let the good doctor determine that. Drop em."
Dr Mohd Mansore (inpecting the posterior): "Crikey, it's a right old two and eight down there. He won't be able to sit down for a month."
Sgt Dhahi bin Dock Green: "Seen a bit of action has it?"
Dr Mohd Mansore (wistfully): "Well in my days the houseboy was the only... ahem, I digress. What happened?"
Sgt Dhahi bin Dock Green: "Well he says he was attacked by some loc... er Indians, but your prognosis concurs that his Gary Glitter has seen some previous back door action?"
Dr Mohd Mansore: "Most definitely. Who were they?'
Sgt Dhahi bin Dock Green: "Well ABA said he didn't do it cos he was at the mosque and reckons MH did it, but MH says he was not there cos he was somewhere else and suspects SBD, but he says he's not a fudgepacker and blames it on MUFC."
Dr Mohd Mansore: "Er, what?"
Sgt Dhahi bin Dock Green: "Sorry, habibi, flamin' newspapers have got a lot to answer for."
French boy: "But I've been raped... honestly!"
Sgt Dhahi bin Dock Green: "It would seem, according to the doctor, that you are no stranger to the friends of Dorothy and are in fact a big gayer. Correct?"
French boy: "No, no!"
Dr Mohd Mansore: "Do your parents own an Edith Piaf record?"
French boy: "Er, yes."
Sgt Dhahi bin Dock Green: "Gayer."
Dr Mohd Mansore: "Those jeans, they're Gaultier aren't they?"
French boy: "Sorry?"
Sgt Dhahi bin Dock Green: "Gayer."
Dr Mohd Mansore: "...and French."
Sgt Dhahi bin Dock Green: "Double gayer!"
Dr Mohd Mansore: "Sheesh, we had the same a couple of weeks ago. Fiften year old girl comes in here crying rape and when we examined her, under her abaya, her dress and her undergarments, she was naked!"
Sgt Dhahi bin Dock Green: "Tch,tch."
Dr Mohd Mansore:"And we discovered she had breasts too."
Sgt Dhahi bin Dock Green: "Filthy slut!"
Dr Mohd Mansore (swigging from a hip flask):"I tell you seargent, the attack on our islamic values and culture from the perfidious West knows no boundaries. Bye the way, are you up for the York later?"
Sgt Dhahi bin Dock Green: "Nah, got a two's up Chinese booked at the Rattlesnake."
French boy (crying): "But he laughed and said he had AIDS!"
Sgt Dhahi bin Dock Green: "Serves you right for going to the Elton John concert. Gayer!"
Dr Mohd Mansore: "Total gayer... although I quite liked Candle in the Wind."
excellent !
The boy is 15 - wouldn't that be statutory rape or the Dubai equivalent anyway? A 15 yr old boy cannot give legal consent anyway. So either way the rapists could be charged. Of course I am assuming this law exists in Dubai.
French medical opinion (in France) rubbished the teenager's claims he's been raped by the HIV/hepatitis carrier (Gulf News, 3 days ago). The "victim" lied to his mother, the authorities and everybody.
Besides, he's been a passive gay all along (before the alleged incident took place) and was on very friendly terms with one of the accused (not the AIDS one). He's been penetrated and engaged in homosexual activities with his full consent many times prior to the incident.
The victim's mother did not stop at demanding death sentence carried out against all of the three acused, she attempted to launch a campaign to boycott Dubai insluting everybody in the process (insulting locals for being locals and expats for supporting the system by just being here). She wants to evacuate Dubai of its inhabitants because her son, who evidently lied to her, had suffered (and now wants to be paid 5 million dhs for the grief). There's something wrong with this woman. I can fully understand her rage and anger as a mother and my heart goes out to her, yet it is partly her fault for believeing her son blindly. Now the whole world knows about her son's shame.
Moreover, her anger is unrestrained and is encouraged by her lawyers in France, who are milking every last drop of her to their advantage (publicity and fees).
Obviously, the court in Dubai is setting-free the AIDS man (he's proven innocent) but will carry out the life-term sentence against the other one (the French boy's friend). The third accused is too young to be tried in a court (he's been sent to the juvenille court).
This whole thing is one big mess for the French boy who is a liar, and for the the accused (put yourself in their mother's position, with the full realisation that someone out there - French mum- is campaigning to have their children put to death whilst the French teenager is enjoying his life back in Paris!!)
It was also reported there are many inconsistencies and errors in the French teenager's statements of his account of the alleged rape.
All facts must be taken into consideration before passing judgments, this is justice.
NOTE: regarding my post above; I meant 15 millions dirhams compensation (I worte 5 by accident).
Maybe next appeal he would argue that the boy a**hole is too small for the Rapist huge Manhood!
Why not?
A valid point and very much arguable.
I think there's more to this story and SD, as usual takes quoutes out-of-context and creates an entirely different thing (I am refering in general to this blog, not specifically this post).
Agreed.
Why is sex/rape/perverts always such a hot topic on this blog? What would compel someone to choose the most vulgar and offensive topics from the news and selectively bring them up for discussion?
An unhealthy fascination, perhaps...?
anonymous 2.05
that's just complete bollocks! there is nothing in gulf news (or anywhere else) saying French medical opinion has rubbished the claims. why are locals here always in denial....
@anonymous 02.05
What are you talking about? What French medical opinion? Can you provide a link or a reference, because I can't find anything about it, not even in the French press. The boy didn't even go to France anyway, he went to Switzerland. Also his mother said she hoped for a longer sentence, not the death penalty.And how do you know the boy was lying? He's only 15 and you make him appear to be some sort of sexual demon. I'd be surprised if he'd had any form of sexual contact whatsoever. Stop talking such utter rubbish and spend a bit more time researching.
So...if the Arab justice is so bad, the French must be like totally better, right?
France: Justice fails victims of police brutality.
The French government ministers, judges and senior police officers are allowing members of the police force to use excessive and sometimes lethal force against suspects of Arab and African origin without fear of serious repercussions, Amnesty International said today.
http://asiapacific.amnesty.org/library/Index/ENGEUR210062005?open&of=ENG-FRA
This is not about police brutality. Cops everywhere are the same. The UAE ranks worse by the way on Amnesty's ranking:
http://asiapacific.amnesty.org/library/eng-are/index
This is about a little boy f.cked in .ss by a grown up which happened to be local. It does NOT mean that every local is a child molestor. Every nation has its share of criminal.The UAE justice system should recognize this, recognize that there was a problem with that single individual and not pin blame on the victim
Can someone please explain it for me how you can examine someone's butt and tell if the penetration was rape or not?
I guess police doctors in UAE are really advanced and they use some forensic techniques unknown to the exterior world.
Now, a thought, imagine two one of them tough Rambo style French come to town, and rape a 15 year old UAE, and for arguements sake, he is teh son of Lord green, and just before you know it, the men leave back to France with their capital EU passports, now: what will the scenario be?? and what do you think the media will do, mind you Mr Green, will be v upset going to EU courts and all,
Um - think it needs to be said again.
15 people.....15!!
I don't give a crap about where you are from, what the circumstances are, where your male, female, black, white or brindle.
He is 15 years old. That is very much a child - and if he says he was raped - then he bloody well was, wether or not he had had anal sex before.
It's riduclous to use that defence - thats like saying any gilr/woman who is not a virgin cannot be raped.
Gees - sometimes I miss dubai - but when this stuff is in the papers (because we all know it has always gone on and just not been reported) I am very glad to be standing on the outside of bubble, looking back into the strange strange world that is the UAE.
Its like they say about Las Vegas, "Nothing sordid or dangerous gets printed in the papers - if they reported everything, no one would ever come here."
I guess filthy lurce washes everything clean.....
I don't know enough about the story to judge it but I'd love to feed the troll here.
A lot of people seems to be comparing what is the norm in France and here and complain that a) The mother is asking for a punishment which is available here but not in france.
b) That the French can be gay/violent/prevent muslim from wearing veil in school (hasn't come up yet and i am surprised)
c) Believe "funny" statement that pretend you can actually see how many intercourse someone had by looking at his anus after a forceful rape by 3 peoples.
a) I heard so much people say "That's our way, deal with it, adapt, respect us, respect the tradition" that I am wondering why suddenly people wants to apply the French law here. UAE is not France, and if death is a valid sentence she should ask for it. It's would be the local turn to "suck it up" and live by there pretended standards.
After all you don't get freedom of speech and freedom of ownership for foreigners, minimum wage and global security, so AT LEAST get the rudimentary law apply to everyone unconditionally of his origin. Even if the law suck at that will be a step in the right direction.
b) France is clearly not populated with good people only, some mean and dumb one even becomes cops.
I would even say for the UAE that I feel safer everywhere here in Dubai that I did when I lived in Paris.
I don't mind too much leaving stuff visible in my car when in France I would always have to remove the radio front panel and make sure nothing can be seen inside.
We both have dangerous people, they need to be dealt with by the legal system. (inc. police). It doesn't help anyone to point the finger at the other kid and say "shoof shoof, he has killed a dog and I only killed a cat.. he's crime his worse so you can't punish me".
c) Bleh.. i'd like to have an expert opinion on that and not the undertrained, scared and underpayed doctor's report filtered by the CID. flame on.
As for the argument that he didn't get AIDS, anyone who passed second grade would know that, transmission rate it not 100%. Ooops sorry I meant second grade in France where learning about sex and associated disease in school is mandatory cursus and not forbidden... shame on me...
About what would happen if some french guy raped someone anywhere else in the france and went back home before being caught here... YOU COULD FILE A COMPLAINT to your LOCAL police, it would be relayed via INTERPOL, they would be promptly arrested and if not deported at least you can sue them in France for ANY sexual related crime committed anywhere in the world. (by French law, and it has been tried already).
This law has been voted to allow the French government to jail "sex tourist" who used to travel to poorer country to abuse women.
'nuff said
nothing will ever change. no justice will be served. these men will be convicted for "bositive b.r." spend a couple of years or months in jail and depending on their wasta, will be mercifully forgiven on eid or other holy day by the benovolent cheif.
This country will never do justice at the expense of a UAE national versus an expat, even if the case is as blatant as this one. Shame for justice, shame to islam and shame to the modern day and age.
another french guy
"UAE is not France, and if death is a valid sentence she should ask for it."
Death is not a valid sentence for rape in the UAE. Life imprisonment is.
Voila.
Moreover, she "French mum" approached the judge's bench in court here in Dubai and hurled insults at the judge. Technically she should be thrown in jail for this but the judge overlooked it, taking into conseideration her grief.
I've been actively following this case and my heart goes out to the victim - and the trauma he must have gone through, and will always do. I know how it feels.
Whether he is gay or not is immaterial. He is 15 and those three men ought not have been with him in the desert. Period.
Thank god the international media helped speed up this case. It scares me to think: What if the victim was a Filipino? Would it have gotten the same attention?
Or would it have been dismissed as quickly as it happened? What ever happened to this case? http://archive.gulfnews.com/articles/07/02/21/10105952.html
I dont understand something, the guilty men are in jail, no? There is no AIDS, no? Case closed.
Nick Nolte
One of the accused was sent to 15-years prison. The youngest (17) is also being jailed, but due to his youth the sentece is shorter.
The AIDS carrier is free (no evidence against him).
The French mum dropped her lawsuits in France and Switzerland and now is happy. She didn't get the 15 million dhs she was asking for. She said justice had been done to her son.
funny how the french boy's mother Veronique Robert dropped all her lawsuits in France, UAE, and Geneva a few weeks ago. And she wrote all positive things suddenly about Dubai on her website. www.boycottdubai.com
She was asking for new laws and victim treatment centers and very high financial damages.
Originally in the crimianl sentence, the damages were thrown out and sent to civil tribunals. Now she withdraws all her cases.
Why would she do that if they didn't pay her off? She was after the money!
What about her fighting so hard so that the UAE authoriies who she accused of trying to cover-up the rape, and the AIDS issues should be punished?
She was full of crap! They weren't punished, only the 3 rapists and she still withdrew all her civil cases....smells like money to me!
Settlement? -YUP! She's a phonuy baloney and this story smells to me...mabe the young man was gya and it got a bit carried away when then bent him over for the salami sandwish...sounds more like what happened.
Anyway, I hope he doesn't have aids, but all the details of this story are not clear.
SHOW ME THE MONEY HONEY, and I will drop all my cases and all my efforts for human and civil rights for the world...whaty a phony crock!
Zemel!
Let me see...who would pay enough hush money? But of course the Sheiks! If they had nothing to fear and believed in the justice of their country they would not have paid. Instead, they just did like this little boy, bent over and got f.cked in the a.. by paying a lot of money I would imagine. See, you guys still need, fear, and envy the West. Your place is built on nothing.
A stronger possibility is that all the woman's friends there were going to be sent to prison accused of having 0.00003g of camel dung on the bottom of their shoes if she didn't stop the lawsuits.
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