The 18-year-old was handed a 12-month sentence earlier this week after being convicted following a holiday romance
The British teen sentenced to a year in jail for having consensual sex with a girl of 17 is being forced to live like a fugitive in Dubai, a campaigner has revealed.
Marcus Fakana, 18, had asked his lawyer to launch an appeal after he was handed the 12-month sentence by a judge there on Wednesday and hoped it would happen quickly.
But Detained in Dubai CEO Radha Stirling, has told how his lawyer has now advised him to wait before submitting it for fear prosecutors may ask for his one year sentence to be increased. And she says he is now in hiding, too scared to go out in public for fear he could be arrested and immediately hauled to jail.
Radha, who is supporting Marcus and is in regular contact with him, said: “As far as an appeal goes, the lawyer has said they are going to wait, so we have to see whether the prosecution is going to apply for a harsher sentence.
“That real possibility is frankly freaking the Fakana family out, so we’ll wait to see on that. And then assuming that they are not going to apply for a harsher sentence, the family would most likely launch an appeal at that stage.
“Right now, Marcus walking into a shopping mall or leaving his apartment, could have CCTV camera, facial recognition, pick him up and notify police that there’s a warrant against him. So this is how he’s living right now in Dubai, like a fugitive, and frankly it’s unfair.”
Sex between people under 18 is illegal in the United Arab Emirates. Marcus, of Tottenham, North London, had sex with the girl, also from London, during a family holiday in August. Her mum found out and reported him to the local police.
The construction apprentice was arrested and expected a suspended sentence for the consensual act. But instead of allowing him to fly home, a judge ordered him to be locked up for a year in the notorious al-Awir prison.
Radha said: “He’s obviously devastated after being sentenced to one year in prison for sexual relations with someone one month younger than him.
“He could have been issued with a fine and deportation, which would be an absolutely more appropriate sentence for someone of his age who clearly didn’t intend to break the law, who didn’t even know that the girl was one month away from being 18.
“So these are very special circumstances, and I hope that the government of Dubai can recognise that the custodial sentence is completely unnecessary.
“Keir Starmer and David Lammy have said that they are in touch with the family, but what we would like to see is something along the lines of what JD Vance did in America, which is calling his constituents every single day and making sure they got home, they got home within a matter of two weeks.
“The Irish government intervened in Tori Towey’s case and had her home in a matter of one week and these are people, JD Vance, he was not the foreign secretary, he was not the prime minister, and yet he was able to achieve such an incredible result for his constituents, who were much more difficult cases than Marcus.
“So we hope that the British government will step up and have those meetings with their counterparts in the UK. He’s very thankful, so’s a family for all of these support, and there has been an amazing amount of support. It’s just beautiful to see.”
Marcus is understood to be living in a rented flat while awaiting his appeal. His family has raised just over £40,000 to help cover accommodation costs and legal fees.
Marcus previously told the Mirror: “I’ve asked my lawyer to lodge an appeal and hope we can get an expedited hearing date. Every day here is difficult, especially with prison hanging over me.
“I never meant to break the law. It didn’t occur to me and for that I’m sorry. I am asking his Highness Sheikh Mohammed Al Maktoum to please forgive me and pardon me.”
Speaking about the fling, he has said: “We had a wonderful time. I couldn’t wait to see her again. Then police knocked on our hotel door.”