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19 March 2024

Four years for forcible sex with housemaid

Published
By Eman Al Baik

An Emirati employee who had forced his maid into his bedroom and had sex with her against her will while his wife was in hospital has his sentenced been reduced to four years in jail by the Court of Appeal.

The Dubai Criminal Court of First Instance had sentenced RA, 29, to life in jail in absentia.

Since the verdict was issued in absentia, the convict had asked for retrial.

After the retrial the Criminal Court had reduced the verdict to five years in jail.

The convict as well as the Dubai Prosecution had appealed the verdict before the court of appeal which reduced the sentence to four years in jail.

According to the records, WA, 30, Indonesian joined work in her employer’s house six months before the incident. Her employer used to assault her from time to time.

“Sometimes he gets in to the store behind me and closes its door and assaults me. He hugs from behind and gropes my breast. He leaves the store only when I threaten of shouting for help.

On November 26, at around 10.30, I received a phone call from my employer who asked me to come to his room to do him massage. I refused and told him that I do not how to do massaging. At 11pm he knocked at my room’s door and asked me to get out, as I refused he left.

At around 2.30am, I woke up together with co-workers to prepare breakfast for his wife who is in the hospital. While I was in the kitchen he asked me to come to his room to iron his ‘Kandoora’. I asked him to bring it to me to iron it in my room. But, he insisted that I should iron it in his room.”

WA pretended accepting doing that and left the kitchen to the house main gate.

“I entered the hall and turned back towards him and asked him to bring the Kandoora. He told me that I should iron it in his room and locked the house door with the key which he pulled and put in his pocket.

I asked him about the reason of locking the door, he asked me to enter his room which was adjacent to the hall. I rushed towards the door trying to open it. He pushed me to a char and then held my arm and twisted it towards my back pushing me into his room. As he was closing his room’s door, I tried to rush into the bathroom in it. He pulled me back and threw me on the floor.”

As the victim got up her employer asked her to go to the bed.

“I refused to do that and begged him not to do anything with me. He did not listen to my begging although I argued him would he like if this happens to his wife and that I am a married woman and that what he is doing is forbidden and was resisting him. In order to have control over me, he pulled my both hands towards my back and raped me… He threatened with killing me if I screamed, ” WA told the police.

As he finished, the accused let the maid go after forcing her to accept Dh200 from him.

“I went back to the kitchen where my two co-workers asked me why I was crying. They have insisted to know the reason… I told them what happened and at 10am I left the house to complain. But he saw me and asked me to get into his car and threatened with beating me up if I did not.”

The accused dropped his victim back to the house after threatening her not to tell anyone about what happened.

“I called the labour supply company and informed them about the incident. The company advised me to call the police if I cannot run away and so I did,”

Police came and took the maid whose forensic test proved the DNA of the accused on her body and cloths.

Her two co-workers repeated similar testimonies before the Prosecution assuring that WA was with them in the kitchen and all of a sudden disappeared for about half an hour after which she came back crying.

Police arrested RA, on having forcible sex accusation.

The defence lawyer told the court that the maid had been sent back home after accepting Dh50,000 against dropping her complaint.

“Your honour, this is clear evidence that her complaint was of vindictive nature. My client is young and has recently got married. His family is reach and so the maid had an eye on him and his money.  As she got the money she left the country with the knowledge of the Prosecution,” said the defence lawyer asking for the acquittal of his client or to take into consideration his position if the jury would convict him guilty.

He also defended that the DNA of the accused was found only on the maid's T-shirt and not in or on her body. "My client had his sperms on a tissue paper that were in the bathroom dustbin. To blackmail him she managed to put his sperm on her T-shirt," defended the lawyer.

The court learnt that another maid who worked for the family had been sent back home while a third one was sent on annual vacation.

The defence lawyer submitted documents that prove the departure of the three maids, so the court was unable to hear their testimonies.