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A JUDGE has today rejected an Afghan refugee's claim that he raped an intoxicated and vulnerable teenager because of cultural differences.
Esmatullah Sharifi, 30, was appearing in the County Court for the second time in less than three years on a charge of rape and Judge Mark Dean said his background as a traumatised Muslim refugee was no excuse.
The judge said a psychologist told the court Sharifi, who came to Australia in 2001 on a temporary protection visa, had "an unclear concept of what constitutes consent in sexual relationships'' in Australia.
But the judge said Sharifi's background and flight from the Taliban in Afghanistan could not excuse an extreme act of violence.
"You well knew the victim was not consenting to the act of sexual penetration you performed,'' Judge Dean said.
Sentencing Sharifi for the rape of the 18-year-old woman, Judge Dean said that he had driven from his home in Tullamarine to Frankston looking for a victim.
The woman was alone, intoxicated and sitting on the footpath near the 21st Century nightclub after she had a disagreement with her friends.
Sharifi sat down beside her, started talking to her and offered to drive her to a hotel in Mornington where her friends had gone.
Judge Dean said Sharifi drove in a different direction and the victim became concerned and texted her friends but he took her phone and found a dark street where he stopped.
As she cried and asked if he planned to kill her Sharifi put his hand around her neck and forced her to remove her clothes before raping her.
"Your offending is of the utmost seriousness,'' Judge Dean said in his County Court sentence.
"You preyed upon a young vulnerable stranger who was alone and intoxicated at night. Your brutal conduct must be denounced by this court.''
Sharifi pleaded guilty to one count of rape committed on December 19, 2008.
Judge Dean said that in 2009 Sharifi was jailed for a minimum of seven years for the abduction and rape of a woman at Frankston on Christmas Eve, 2008, five days after the rape of the teenager.
In that case he forced the 25-year-old into his car, punched her and raped her and the victim escaped by jumping from his moving car.
A DNA sample taken after his conviction led to the charge he faced in court today.
Judge Dean said that he had to sentence Sharifi by taking into account the sentence he is already serving and he set a new term of 14 years with a minimum term of 11 years.
The effect of the sentence is that he will be eligible for parole in seven years and eight months.
Read more: http://www.news.com.au/national/seri...#ixzz1rnsVYXTX
Esmatullah Sharifi, 30, was appearing in the County Court for the second time in less than three years on a charge of rape and Judge Mark Dean said his background as a traumatised Muslim refugee was no excuse.
The judge said a psychologist told the court Sharifi, who came to Australia in 2001 on a temporary protection visa, had "an unclear concept of what constitutes consent in sexual relationships'' in Australia.
But the judge said Sharifi's background and flight from the Taliban in Afghanistan could not excuse an extreme act of violence.
"You well knew the victim was not consenting to the act of sexual penetration you performed,'' Judge Dean said.
Sentencing Sharifi for the rape of the 18-year-old woman, Judge Dean said that he had driven from his home in Tullamarine to Frankston looking for a victim.
The woman was alone, intoxicated and sitting on the footpath near the 21st Century nightclub after she had a disagreement with her friends.
Sharifi sat down beside her, started talking to her and offered to drive her to a hotel in Mornington where her friends had gone.
Judge Dean said Sharifi drove in a different direction and the victim became concerned and texted her friends but he took her phone and found a dark street where he stopped.
As she cried and asked if he planned to kill her Sharifi put his hand around her neck and forced her to remove her clothes before raping her.
"Your offending is of the utmost seriousness,'' Judge Dean said in his County Court sentence.
"You preyed upon a young vulnerable stranger who was alone and intoxicated at night. Your brutal conduct must be denounced by this court.''
Sharifi pleaded guilty to one count of rape committed on December 19, 2008.
Judge Dean said that in 2009 Sharifi was jailed for a minimum of seven years for the abduction and rape of a woman at Frankston on Christmas Eve, 2008, five days after the rape of the teenager.
In that case he forced the 25-year-old into his car, punched her and raped her and the victim escaped by jumping from his moving car.
A DNA sample taken after his conviction led to the charge he faced in court today.
Judge Dean said that he had to sentence Sharifi by taking into account the sentence he is already serving and he set a new term of 14 years with a minimum term of 11 years.
The effect of the sentence is that he will be eligible for parole in seven years and eight months.
Read more: http://www.news.com.au/national/seri...#ixzz1rnsVYXTX
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