Man jailed for attempted rape of '˜vulnerable' person in Milton Keynes

A man was jailed for six years today for attempting to rape a 'vulnerable' woman who had sex with him in return for drugs.

Friday, 28th October 2016, 6:06 pm
Updated Monday, 31st October 2016, 9:54 am

Mustafa Bayat, aged 28 years, had been in a relationship with the woman but they had split up prior to the offence.

The court heard that after the pair split up he would provide her with money to buy drugs which he would sometimes withhold until the woman had sex with him.

In July this year she went to his home in Milton Keynes after he texted her. Bayat attempted to have anal sex with her but she refused and eventually managed to fight him off.

However, he only let her leave when she phoned the police.

Bayat had denied one count of attempted rape but was convicted by a jury after a trial at Atylesbury Crown Court.

The court heard the woman had spent most of her time in her room since the attack and had trouble sleeping.

In mitigation, defence barrister John Swain, said: “The evidence she gave was this was the first time they had contact in eight weeks.

“He sent her a message asking him to come to her and that in my submission, in the context of their relationship, is not consistent with vulnerability but the conscious decision of someone who is going to meet him.

“She obtained the drugs and took control of them. There could be no suggestion he was withholding drugs from her in order to have sex with her on that occasion.

“When they began their relationship he had worked very hard to get her off drugs - he had taken her to counselling.

“She then relapsed and that seems to have been something she decided to do for herself.

“These are people who have engaged very frequently in consensual sex. I ask the court to remember that this is an attempt and he didn’t overpower her to commit the full offence.

“It is in the context of them being previous partners as well. I also make the point that the crown did not choose to charge this defendant with any drug offences.”

In her sentencing remarks, Judge Maria Lamb, said: “You and her had been in a relationship for eight months.

“You knew from the outset she was a drug addict and she herself has said you were supportive of her and looked after her when she was withdrawing.

“The relationship ended and whatever the reason was she continued to see you, partially because she seems to have retained some affection for you.

“She saw you as a source of funding for her renewed drug use.

“She accepted that she visited you by choice but I can’t ignore the fact that you exploited a vulnerability which was her dependence on drugs.

“She had sex with you in return for drugs which were sometimes withheld even to the point she became ill.

“You are not to be sentenced for that but it does demonstrate you were the dominant party in the relationship - perhaps aided by the fact she was a lady of low self esteem.

“Whatever she was prepared to do for her drugs, having anal sex was not included and she made her unwillingness clear to you.

“It’s quite clear you still wanted her to do that and showed persistence in asking for it despite her repeated refusals.

“On June 10 you decided you wanted to see her and your texts make it clear you expected her to be available when you wanted and to do what you wanted.

“That evening she made it a condition of going to your address that she would get to obtain drugs before there was a question of sex, I accept that night she did obtain them.

“She had consensual sex, then you made the request for anal sex. She refused, you said that she could not go home until you had.

“You tried four to five times despite her protests and clear cries of no. She managed to prevent you and I accept you didn’t go on to overpower her with violence.

“She believed she was not free to go, in the end you had to release her because she went through with a threat to call the police.

“It wasn’t however a prolonged period of detention.

“It’s often difficult to categorise these sorts of incidents. As far as mitigation is concerned, there is precious little, save for the fact you did not use extra violence to overpower her and you have no previous convictions for this type of behaviour.

“The appropriate sentence is one of six years imprisonment, I impose no separate penalty.”