December 2019

Teenager raped in car park by man she’d turned to for help

A teenage girl was raped in a deserted car park by a man she had asked for help.

Esmail Hussaini claimed the 17-year-old had been a willing sexual participant but a jury disbelieved him and he was jailed for eight and a half years.

Hussaini, now 25, took advantage of his victim’s drunken state after they met by chance outside Sherlock’s night club in Birkenhead at about 3am on October 29, 2017.

Liverpool Crown Court today heard that her friend, whom she had been out with for the evening, had left her at the club and she was left with little money and a flat battery on her mobile phone.

Hussaini, a barber, was an acquaintance and she thought he was going to get her a taxi or take her to his home, where he lived with his girlfriend, so she could charge her phone and call her boyfriend to pick her up, the court was told.

But he led her to a darkened car park behind Conway Park railway station and each time she stumbled and fell on the uneven surface he picked her up before raping her.

Judge Louise Brandon said Hussaini had deliberately physically manoeuvred her to a secluded part of the wasteland, used as a car park, and raped her.

She said: “She sought to stop you and told you she did not want sex with you but you ignored her clear and obvious protestations.

The judge added: “After you had raped her you called her a taxi and sent her on her way home while you set about manufacturing a series of lies to provide an explanation to your girlfriend and later the police about what you did that night

“You told the police she not only instigated the activity but was the one who told you to lie to your girlfriend.

“The jury concluded the only liar they heard from was you.”

During his trial, which was a re-trial after an earlier jury failed to reach a verdict, Anya Horwood, prosecuting, told how Hussaini tried to cover up his crime by putting his mud-stained clothes in the washing machine but these were recovered.

He told his girlfriend he had been attacked by three men but when the police arrived she helped them by confirming which clothes and trainers he had been wearing that night.

He initially denied having sex with the girl, who is now 19, but after swabs showed there had been sexual activity between them, he changed his tale and claimed she had instigated it and was a willing participant.

Hussaini, of Birchwood Avenue, Birkenhead, was convicted of raping her by a unanimous verdict.

Judge Brandon, who ordered him to sign on the Sex Offenders Register for life, said that in her victim impact statements the girl said “the last two years have been torture.”

Geoffrey Lowe, defending, said Hussaini was an Iranian Kurd who fled here “because of the circumstances prevailing in that country.”

He sought asylum and was granted leave to stay for five years and had applied for leave to remain permanently which will now be decided by the Home Office after his release.