Marcus Fakana
A British teen risks 20 years in a Dubai prison for a consensual relationship, exposing the stark contrast between UK and UAE laws on sex and consent. X / The Independent @Independent

An 18-year-old British man, Marcus Fakana, is staring down the possibility of a 20-year prison sentence in Dubai after being charged with having sex with a then-17-year-old British girl during a family holiday. The case has ignited debate about the risks tourists face when cultural and legal norms clash in the United Arab Emirates (UAE), where strict Islamic laws govern personal conduct.

The complaint that led to Marcus' arrest came not from UAE authorities but from the girl's mother, who reported the relationship to Dubai police after returning to the UK. The seemingly private matter has since spiralled into a legal nightmare, as detailed by Daily Mail.

A Holiday Romance Turns Tragic

What began as a harmless summer romance has taken a devastating turn. Marcus, a Tottenham native, met the girl during an August family holiday in Dubai. Despite their budding relationship, the girl kept it secret from her family, fearing their strict disapproval.

"We had a wonderful time together," Marcus told Detained in Dubai, an advocacy group that assists foreigners caught in the UAE's legal system. "She liked me, but she had to sneak away to see me because her family didn't allow it. My parents knew about our relationship, but she couldn't tell hers."

Their connection deepened, and plans were made to continue the relationship back in London. However, shortly after the girl left Dubai, Marcus was unexpectedly arrested.

"Police knocked on our hotel door and said they were taking me in for questioning, but they wouldn't tell me why," he said. "I couldn't imagine what for. I was terrified, and my parents were beside themselves."

A Clash of Cultures and Laws

The case underscores the vast differences between Western norms and Dubai's legal system, which, despite recent reforms, remains heavily influenced by Islamic principles. According to the UK government's travel advice,

"Consensual sexual relationships between a male and female outside marriage are generally legal as long as both are over the age of 18 years. This includes extra-marital sexual relationships. However, if either person's spouse or parent/guardian files a criminal complaint, then both parties of an extra-marital consensual relationship can get a prison sentence of 6 months or longer.

If a person aged 18 or over has a sexual relationship with a person under 18 years old, they will be prosecuted for having a sexual relationship with a minor. If both people are under 18 years of age they will both be prosecuted but punishment is likely to be limited to a caution, parental supervision, judicial supervision, professional training or psychiatric treatment."

"This is clearly a very strict mother to involve the police in what should have remained a private matter," said Radha Stirling, CEO of Detained in Dubai. "Perhaps she didn't realise the consequences of her actions, which now risk an 18-year-old spending two decades in prison."

Detention in Infamous Dubai Prison

Marcus was detained for three days at Al Barsha Police Station, a facility notorious for its harsh conditions. His family, who had saved for years to afford the holiday, has been left financially and emotionally drained.

"My mother is a cleaner, and my dad works in a warehouse," Marcus explained. "They've spent all their savings, and now we're paying £2,000 a month just to stay in Dubai while we fight this. The police demanded 10,000 AED (£2,000) for bail, which I've been told is very unusual."

Marcus remains in Dubai as his family pleads for intervention from the British government. "I pray this nightmare will end, and I'll be home for Christmas," he said.

Marcus' family has turned to British Foreign Secretary David Lammy for help. Stirling urged swift diplomatic action, stating, "Dubai police have the power to drop the case and let Marcus return home. This is not the kind of outcome we want to see for young people caught in situations like this."

Broader Risks for Travellers

Marcus' plight serves as a cautionary tale for tourists, especially those travelling with teenagers, about the risks of misunderstanding local laws. The UAE has made recent efforts to modernise its legal framework, easing restrictions on extramarital relationships and alcohol consumption for tourists. However, as Daily Mail highlights, complaints from family members or guardians can still trigger severe legal consequences.

Stirling warned: "Parents may soon hesitate to bring teenagers to Dubai, fearing the risk of devastating consequences for actions that are perfectly legal in their home countries."

As Marcus and his family await a resolution, his case serves as a stark reminder of the legal risks faced by travellers in countries with vastly different cultural and legal norms. The hope remains that British diplomatic efforts will succeed, allowing him to return home and put this ordeal behind him.