Asylum seeker who raped vulnerable man in park jailed
Leicestershire PoliceAn asylum seeker who raped a vulnerable man who was "in need of assistance" in a park has been jailed.
Leicester Crown Court heard Islamuddin Talash raped the man, who had run away from home and was approaching strangers in the hope of buying a bike in Abbey Park, Leicester, in the afternoon of 9 October 2023.
The court was told Talash, from Smethwick, invited the victim back to his hotel where he said he had a bike he could give him, before he took him to a "secluded" area of the park and attacked him.
Recorder Sacha Ackland sentenced the 43-year-old to six years in prison on Wednesday, minus the time he has spent on remand, of which he will serve no more than two thirds in custody.
Warning: This story contains details that some readers may find distressing
Ackland told Talash, an Afghan national, that upon completion of his sentence he would be liable to automatic deportation.
Talash was convicted of one count of rape following a trial at Leicester Crown Court in June, after the court was told he had stood trial twice before.
The court heard the victim had never visited Leicester before, and had conditions that impacted his social functioning and reduced his ability to recognise danger.
Sentencing Talash, Ackland said the victim - who was 20 at the time - was "in need of assistance" and he "naively decided to trust you".
The court heard Talash took the victim to an area of the park "clearly used by people having sex", where there were used condoms on the ground.
The recorder said Talash instructed the victim to perform oral sex on him, to which he "reluctantly agreed" despite not wanting to do so.
Ackland told the court the victim took the "path of least resistance", not recognising "you would do further".
GoogleProsecutor Paul Cavin KC said a severe aggravating factor in the case was he left the victim "open" to contracting a sexually transmitted infection (STI).
The court heard Talash had a sexually transmitted disease at the time of the offence, which he had been taking treatment for.
The victim did not contract a disease, the court heard, but he had to undergo treatment.
"I'm sure at least on some level you knew you were exposing him to a risk of contracting the disease," Ackland said.
Tom Welshman, defending, said the offence was "serious" and has had a "serious impact", but told the court he had a "number of points to make professionally".
Welshman told the hearing a number of Talash's family members were killed in Afghanistan and he had come to the UK to "escape a hellish existence".
'Ensure justice was done'
Ackland said during the trial, she was told he arrived in the UK as an asylum seeker, having escaped the Taliban.
Listing mitigating factors, Welshman told the court Talash had no previous convictions.
Ackland said before the victim met Talash, he met two teenagers who had "maturity and compassion" to recognise the victim was vulnerable, and kept an eye on what was happening.
Ackland said the two boys discovered what was happening, helped the victim, and took him to a police station to report the offence.
They have since attended court three times in the past two years "to ensure justice was done", the court heard.
Ackland commended the two teenagers and said they would receive £250 each.
In addition to his prison sentence, Talash was placed on the sex offenders register for life.
Det Sgt Sarah Jones, the officer in the case, said: "The actions of the witnesses on that day were crucial in this investigation, they did absolutely the right thing by acting on their suspicions.
"They, along with the victim, deserve enormous credit for giving an account in court that led to today's outcome."
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