The Dubai Court of Appeal has upheld a one-year prison sentence and deportation order against a man convicted of sexually assaulting a 13-year-old girl, finding that the evidence was sufficient to establish his guilt.
The court accepted the appeal on procedural grounds but rejected the substantive arguments, leaving the original conviction and sentence unchanged.
The defendant was found guilty of exploiting the girl's young age by lying beside her on a bed under the same blanket, placing his head on her chest and putting his arm around her shoulder. The incident was investigated by Al Qusais Police Station.
The Public Prosecution charged the man under Articles 126(1) and 407(1–3) of Federal Decree-Law No. 31 of 2021 on Crimes and Penalties, as amended by Federal Decree-Law No. 36 of 2022.
Defence challenges conviction
The court of first instance sentenced the defendant to one year in prison, followed by deportation from the UAE. It also referred the civil claim to the competent civil court for separate consideration.
During a closed appeal hearing, the defendant denied the charges. His lawyer sought an acquittal, arguing that the evidence was insufficient to establish the elements of the offence or demonstrate criminal intent.
Alternatively, the defence requested a reduction in the sentence. The Public Prosecution opposed the appeal and urged the court to uphold the original judgment.
Court finds evidence sufficient
After examining the case file, the appeal court concluded that the lower court had properly evaluated the evidence and reached its decision on sound legal grounds.
The evidence included statements made by the defendant during Public Prosecution investigations, accounts provided by the girl's parents to investigators and forensic reports issued by the General Department of Forensic Science and Criminology.
The judges found that the evidence, considered collectively, was sufficient to establish the offence and sustain the conviction. They rejected the defence's arguments concerning the absence of the essential elements of the crime, noting that these issues had already been examined by the court of first instance.
The appeal court found no errors in the lower court's assessment of the evidence or its legal reasoning. It also observed that the defence had produced no new evidence or legal grounds warranting an acquittal or a reduction in the sentence. The judges accordingly adopted the reasoning of the original judgment.
The one-year prison term and deportation order remain in force, with deportation to take place after the sentence has been served. The civil claim will be considered separately by the competent civil court.
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