Man tried to rape homeless woman as she was ‘dying or dead in tent’

Jurors at Bradford Crown Court heard on Monday that the woman was either “unconscious or already dead” at the time of the incident.

In CCTV footage shown to the court, Shah was seen lying next to the woman before pulling down her clothing.

He did not speak to the woman or make any attempt to check that she was OK as he committed his acts, the court heard.

When emergency services arrived at the scene following a 999 call, the woman had already died.

Prosecutor Mr Wright told the court: “During the entire incident you will see that (the victim) does not move.

“The reason that she did not move is that she was either dying or in fact dead at the time.

“I should make it clear at the outset that (she) died for reasons unconnected to Mr Shah.

“She had taken synthetic cannabis or “spice” and a lot of alcohol and that is what caused her death.”

The jury had been told a judge had already ruled that due to Shah’s low IQ and a learning disability, he was “unfit to plead”.

Shah was not present at court for a hearing to decide if he “did the acts” alleged against him.

After retiring to consider the presented evidence, the jury returned unanimous determinations.

They concluded that Shah from Edderthorpe Street, Bradford, “did the acts” in respect of allegations of attempted rape and attempted assault by penetration.

Due to Shah’s disability and the finding that he was “unfit to plead”, he cannot face a prison sentence for his offending.

However, the judge will have to decide if a hospital order, a supervision order or a discharge is appropriate in the case.

Judge Kirstie Watson said the case would have to be adjourned until December for reports to be prepared before Shah could be sentenced.

A passer-by told local media at the time of the incident that the scene was “heartbreaking”.

He said: “I walked past the tent this morning and other homeless people were hovering around then the security guard from outside Savers grabbed a couple of coppers walking around.

“Nobody saw anything of any nature but walking past knowing there was someone sadly passed away in there was heartbreaking. People’s main thought was how long has this lady been there.”