The woman, a Muslim of Pakistani descent, was celebrating her engagement to her 44-year-old boyfriend, and was allegedly attacked when she passed out in a hotel lavatory.
Despite approaching police about the attack, she was arrested after admitting to "illegal drinking" outside licensed premises as well as having sexual intercourse outside marriage. Her fiancé was also charged with the same offenses.
The couple from London are now reportedly on bail and understood to be awaiting trial after having their passports confiscated. Should they be found guilty, they could face up to six years in jail.
The woman, who is said to have accepted her boyfriend's marriage proposal during a three-day break, admitted drinking too much alcohol as they celebrated at Dubai Marina's Address Hotel. The waiter is then said to have followed her into the toilets and raped her while she was in a state of semi-consciousness.
After her fiancé found out about the attack, they contacted police, but they were questioned about breaking the country's strict rules, which contain elements of Sharia law.
She was then made to give a blood test to prove she had been drinking, and only was given access to proper medical checks following an appeal from the British embassy, it is claimed.
A cellmate of the woman told The Sun: "She's a British girl but a Muslim, so I think they were tougher on her because of that.
"She was trying to report the rape but soon realized the policemen were more interested in how often she has sex with her boyfriend."
Her attacker is believed to have denied rape, claiming she consented, but he has also been charged with "illegal sex".
A spokesman for the Foreign Office told The Daily Telegraph: "We can confirm two British nationals were arrested in Dubai on 1 January. Our embassy in Dubai is providing consular assistance and we cannot confirm or release further details about the case"
An Address Hotel spokesman told The Sun: "The matter is being investigated by the authorities".
Dubai has strict rules about sexual intercourse and alcohol. In July 2008, British woman Michelle Palmer, was convicted after being caught having drunken sex outsider marriage with Vince Acors. They were given three-month suspended jail sentences.