Two Afghan small boat migrants have been jailed following the rape of a 15-year-old girl in Leamington Spa.
The pair, both 17, were handed sentences at Warwick Crown Court for the offence which was committed in May this year.
Jan Jahanzeb was handed a term of 10 years and eight months, whilst Israr Niazal received nine years and 10 months following their guilty pleas at Coventry youth court in October for the attack.
Judge Sylvia de Bertodano permitted the teenagers to be publicly identified, arguing that preserving anonymity could fuel speculation, potentially putting innocent individuals at risk.
“A lack of information stokes public anger and leads to the unchecked spread of false information,” she stated.
Both defendants appeared in the dock with the assistance of interpreters as the court heard details of what was described as a “horrific” assault.
Prosecutor Shawn Williams told the court that both teenagers were unaccompanied child asylum seekers when they carried out the attack in parkland after the victim became separated from her friends.
The court heard that Jahanzeb fled Afghanistan and arrived in the UK in January this year, with an age assessment determining he was 17.
Niazal reached Britain in November last year, initially housed in Kent before being transferred to local authority care in Warwickshire.
Joshua Radcliffe, representing Niazal, acknowledged the offence was “horrible” and warranted substantial detention.
“He has come to this country seeking to get away from the Taliban,” Mr Radcliffe said.
“His father, who was in the Afghan Army, was murdered,” he continued.
The pair were handed jail time at Warwick Crown Court
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PA
Mr Radcliffe added that his client remained in the asylum process and intended “to make a life in this country after he has been released”.
Niazal entered his guilty plea one day before turning 17, the threshold age for automatic deportation of foreign nationals receiving custodial sentences exceeding one year.
Robert Holt, defending Jahanzeb, explained his client spent nine months travelling from Afghanistan, ultimately reaching British waters by small boat. He has already received deportation papers.
Highly distressing video evidence obtained during the police investigation showed Jahanzeb with the victim, speaking in Pashto to call Niazal to join him.
Mr Williams characterised the incident as “an abduction” during which the girl made “explicit verbal protests”.
CCTV captured three figures, with the prosecutor stating: “She was being led away against her will. She was moved to a bushy den-type area a really secluded location.”
A member of the public came to her aid after the attack, advising her to contact police and remaining with her until she was safe.
The court heard a victim impact statement read by a barrister in which the girl, who cannot be named, described the profound effect of the assault.
“The day I was raped changed me as a person,” she said, “Now every time I go out, I don’t feel safe.”
“Watching (other family members) feeling crushed as they believe they should have been there or done something is particularly painful for me, even though I know they couldn’t have done anything to stop what happened,” she said.
“I hate the fact that I am now looked at as a victim, even though that’s exactly what I am,” she said.
The judge told Jahanzeb and Niazal: “What you two did on that evening changed her life forever.
“No child should have to suffer the ordeal that she suffered. It’s clear from the footage we have seen that no one can seriously entertain the thought that you believed she was consenting.
“This is a case where it was absolutely clear to both of you that you were taking a child away from her friends in the face of her vigorous protests to somewhere that could not be observed in order to commit this offence.
“You both knew perfectly well that what you were doing was criminal and wrong,” the judge added.