Two Afghan teenagers seeking asylum in the UK have been jailed separately for raping a 15-year-old girl in Leamington Spa.
Jan Jahanzeb and Israr Niazal, 17, admitted the May 10 attack at a hearing in October.
At a sentencing hearing at Warwick Crown Court on Monday, Judge Sylvia de Bertodano lifted reporting restrictions on the boy’s naming following an application by media organizations including the BBC.
Deportation papers were served on Jahanzeb and he was sentenced to 10 years and 8 months in youth detention. The judge invited the government to recommend deportation of Niyazal, who was sentenced to nine years and ten months in prison.
The court heard a victim impact statement in which she said: “The day I was raped changed my personality.
“Now I feel unsafe every time I go out.”
She added: “Watching [other family members] Even though I know they couldn’t have done anything to prevent what was happening, it’s especially painful for me to feel frustrated when they think they should be there or doing something.
“I hate that I’m being seen as a victim now, even though I was a victim.”
“horrible”
At the start of the trial, prosecutor Sean Williams said the defendants, who appeared in the dock with the assistance of their respective interpreters, were all unaccompanied child asylum seekers.
Williams said Jahanzeb fled Afghanistan and had his age assessed after arriving in the UK in January, concluding he was 17.
Niazal arrived last November. He was initially housed in Kent before being transferred to a local authority care center in the Warwickshire area.
The rape, which occurred after the victim became separated from friends on the grass, was described as “horrific” in a legal opinion on reporting restrictions.
Mr Williams told the court video evidence showed Jahanzeb with the victim and summoning Niyazal to join him in Pashto, Afghanistan’s official language.
Williams said the cellphone video found by police was very distressing, adding that the victim screamed for help but Jahanzeb covered her mouth with his hand.
He said Jahanzeb and Nyazal took the distressed victim to a “den” area in Leamington Spa Park where they attacked her.
As the victim was being taken away, she repeatedly shouted to Jahanzeb to let her go.
She later received help from a member of the public who advised her to contact police and stayed with her until she was safe.
Reporting restrictions
In explaining his decision to lift the reporting restrictions, the judge said leaving them in place could lead to speculation that innocent people could be targeted.
“This lack of information can fuel public anger and lead to the uncontrolled spread of false information,” she said.
In a further impact statement from the victim’s mother, she said: “We have seen our vibrant, happy and confident daughter become so withdrawn and suffer such severe anxiety that she is often unwell.”
She added of the attack: “All of us were hit in some way that day.”
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