This happens. We are not always aware, but it pays off to check. It is an easy mistake to make in Europe and America, but there are rules and thinking that you are from a ‘free’ society does not mean you can ignore the rules another place has. As such we get to The Guardian (at https://www.theguardian.com/world/2024/nov/20/london-18-year-old-arrested-in-dubai-for-sex-with-17-year-old). You see, there are strict rules in some places. Most of them involve drugs, criminal activities or sex. We are given “We really liked each other but she was secretive with her family because they were strict. My parents knew about our relationship but she couldn’t tell hers. She had to meet me without telling them it was to see a boy.” And there we see the first red flag. With “she was secretive with her family because they were strict” we get the problem. And with “Fakana was charged because the girl’s mother found their chats and pictures back in the UK.
It is understood the woman subsequently contacted police in Dubai and Fakana was arrested.” And with the premise of “Sex outside marriage is legal for tourists, but only if both parties are over 18.” We see an entire life getting squandered. I have no clear picture how the mother was about it all, but as she called the police in Dubai I can guess that she was not OK with it. And the bleeding heart stage of “Fakana’s family has called on the foreign secretary, David Lammy – their local MP – to intervene.” We get nothing. You see he broke the law and that is the real drive. The UAE sees crime and deals harshly with it. We can ‘break down’ the setting as much as we want and the Guardian does this in the byline with “Marcus Fakana could face two decades in jail for having sex with girl, also from London, while on holiday in UAE”, no the setting is much simpler. He had sex with an underage girl and the parents (at least the mother) of the girl are not OK with it. Don’t get me wrong, I was a teenager once (I think that was at the time of the Crusades) and I get the setting, but the law is the law. And he should be lucky. If he had smoked a joint afterwards he might hang in the real sense of the word. And he is lucky because the punishment in the UAE for rape of a minor is the firing squad. And if she maintains that she was not ready for that he gets to feel what many have felt before. That is the part we do not see here.
There is an abundance of party timers and as long as they party in Europe they tend to be fine. When the age difference is low (like in this case) many places have the Romeo and Juliet law. The UAE, Saudi Arabia, Indonesia (mostly Muslim countries) do not. So the ‘excuse’ “has since turned 18” will not work. She was a minor in the eyes of the law. As such the sentence “Detained in Dubai, which campaigns to help people it says have suffered injustice in the UAE” does not work. He broke the law and she was still a minor. All that beside the point that the UAE has strict laws regarding sex outside marriage. And that should have been the first issue for the parents of Marcus Fakana. It pays to know the minimum of local laws. And do not blame Islamic law. In North Carolina and Virginia Oral Sex is a Felony, and that is regardless of the marital status. So, rejoice his life could have been blown after he was blown.
And the media is partly responsible for this mess (to a degree). The Independent gives us ‘Briton, 18, facing 20-year jail sentence in Dubai over holiday romance with 17-year-old girl’, no, he had sex with a minor. And the word minor is not given once in the article in the Independent. The Standard makes the same mistake. We are led to believe that it is so unfair. But the simplicity is that countries have laws and other countries have different laws and this is one law the parents should have made clear to their son. And as for the excuse ““The girl was just a few months younger than Marcus and he didn’t know that at the time,” said Radha Stirling, the chief executive of Detained in Dubai” I get that she has a job to do and with that the second excuse should not hold water either, it is “This is not something Dubai should be prosecuting.” Yes Dubai should. You see, she was a minor. Ignorance is not a valid defence. I personally believe that he should not serve 20 years, but there need to be consequences. The media handling of the issues is making that clear. Perhaps a month (at the most) and after that he becomes persona non grata. I reckon that he gets that in the UAE, Saudi Arabia and several other nations will deny him access to.
I am for the most a black letter law person. I do believe in the spirit of the law and for me (and many others) this is not a serious case, but for the parents of the girl it is. In islamic law the ‘spoiled’ woman is not a good one (sorry for that term). And it could have been prevented if Marcus would have been told of the laws of the land he visits.
So I am willing to blame the parents more than Marcus, but in the end he must face the music.
Enjoy the day, it is almost Friday here
Lawrence van Rijn - Law Lord to be 