The former Auckland banker locked up in Dubai risks further jail time, according to prosecutors' records.
A restricted-access Dubai public prosecution report showed charges will be laid against New Zealander Toby Carroll, his current girlfriend Briton Danielle Spencer, and his former girlfriend, Brazilian Priscilla Ferreira, the Gulf News reported.
The three expatriates are likely to face the courts over drinking alcohol without a licence and having sex outside of marriage, both crimes in the United Arab Emirates.
Carroll, 32, and Spencer were arrested after spending the night together in his apartment before Christmas.
He had called police after a former girlfriend, Ferreira, burst in and threatened them at knifepoint.
Police placed all three in the cells - Ms Ferreira, 24, for criminal damage, and Mr Carroll and Ms Spencer, 31, on suspicion of having sex outside marriage, a crime in the Arab country.
The trio faced 12 "initial charges" after police came across the scene in Carroll's apartment last month where they found Ferreira wielding a knife and threatening Carroll and Spencer after catching the pair together.
All three spent around six weeks in police custody and initially faced charges of consensual sex, consuming alcohol, causing a brawl and threatening to kill.
But the latest prosecution records now show they face only five charges -- three of consensual sex, a charge of threatening to kill and a charge of consuming alcohol without a licence.
Spencer has publicly denied she had sex with Carroll, who has gone underground, avoiding public comment, according to the newspaper. It said that his mother rushed to Dubai and had asked authorities not to comment on the case.
Meanwhile, Ferreira and Spencer, who shared the same cell, have spoken to British media, denying they had sex with the New Zealander.
The prosecution report classes the case as a "misdemeanour", which is less serious than a felony. Typically, a misdemeanour penalty carries a fine or jail term of up to a year.
A top Emirati legal expert said any sex charges would likely be based on forensic tests taken while the trio were locked up.
Mohammad R Al Suwaidi, the head of the Dubai's Young Arab Lawyers Committee and manager of his law firm, said a high degree of evidence is required for sex charges to stick in court, including a suspect's confession, witness testimonies or medical tests. It was standard practice in cases of this kind for the woman and man to undergo forensic and medical examination.
The burden of proof under Sharia (Islamic law) was even tougher, Al Suwaidi said. Under Sharia, four witnesses are required to testify and if there are less than four then the other witnesses may be charged with defamation. "This is to prevent unfair damage of reputation," he said.
The Gulf News reported that opinions about the case among Dubai expatriates were divided: "55 percent believe the trio deserved to be punished under the UAE law because they live in the Emirate, compared to 45 percent saying they don't deserve court or jail time."
NZPA