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.
"The medical examination of 15-year-old French boy, A.R., has shown that he didn't contract Aids or hepatitis.
"This fact comes six months following the incident and it proves that my 35-year-old Emirati client, A.K., didn't penetrate or have any intercourse with the boy, otherwise the claimant would have contracted any of the diseases. A.K. and his 18-year-old compatriot I.M. are innocent," lawyer Saeed Al Ghailani, of Saeed Al Ghailani Advocates and Legal Consultants, who is representing the Emirati defendants, told the Dubai Appeals Court on Sunday.
"May God bless you and thank you for your efforts," A.K. told Al Ghailani before Presiding Judge Eisa Al Sharif.
The defendants are serving a 15-year imprisonment term after the Dubai Court of First Instance incriminated them of kidnapping and having sex against the boy's will in a desert area.
False allegations
"Since the litigation process started, the victim has been bluffing and giving false accusations claiming that his abusers (each of whom had 20-minute intercourse with him) didn't use condoms. Yet, the medical results have contradicted the boy's allegations and were to the advantage of A.K. who should be happy," argued Al Ghailani.
The lawyer also accused the Public Prosecution of fabricating evidence against his clients and failing to carry out the law enforcement procedures against the defendants who were referred to court before the issuance of the accusation sheet.
The Public Prosecution charged A.K., I.M. and their 17-year-old compatriot, I.S., (prosecuted at Juvenile Court) with deceiving and kidnapping A.R. and his 16-year-old compatriot, F.K., by offering to drive them home.
They were charged with forcefully undressing A.R., threatening him with a knife and stick before having sex with him against his will, while F.K. was kept outside the vehicle.
Al Ghailani asked the court to refer the victim to Rashid Hospital for a medical examination for the "claimant in the civil case to corroborate his Dh15 million compensation claim".
