A woman left stranded after a night out sought refuge in a newsagents, but was sexually assaulted by a member of staff there. A court heard Yaaqob Saleh, 20, left her curled up in a ball and crying after preying upon her in the early hours inside.
The incident was said to have ‘impacted almost every part of her life’ and left her asking ‘why me?’. Saleh was found guilty of sexual assault following a trial, but his solicitor said an appeal against that conviction was ‘pending’. His sentencing has been adjourned.
Liverpool Magistrates’ Court heard on Tuesday the complainant had been out in Liverpool city centre in March last year before seeking to take a taxi home alone. However, with her phone having run out of battery, she went into Liverpool One Newsagents and Convenience Store on Whitechapel for assistance.
Michelle Dodd, prosecuting, described how Saleh, of Wendell Street in Toxteth, was working behind the counter and allowed her to charge her mobile so that she could book a taxi. The defendant invited her to sit near to a heater on steps beside the till and, after serving a customer, sat down next to her.
Saleh then ‘began to touch her thigh and asked for a kiss’, although she refuted his advances. But he ‘managed to kiss her on the cheek’ and, having dealt with another shopper, ‘sat back down and put his hand up her skirt, touching her crotch area’, the court heard.
When Saleh then went to serve another customer, the victim ‘curled up in a ball and began to cry’, it was said. She was able to contact a friend and left the store after he phone charged enough, reports The Echo.
In a statement read to the court on her behalf, she said: “Since this incident, I’ve experienced a wide and overwhelming range of emotions. Anxiety, depression and anger have been the most persistent. In the weeks and months following the assault, I began to struggle deeply with sleep. I still suffer from regular nightmares, which cause me frequently to wake throughout the night. These episodes have created a fear of sleep and a constant feeling of emotional exhaustion.
“One of the most significant effects has been the loss of my independence. Before the assault, I was confident and self assured. I felt safe travelling alone, making decisions for myself and simply existing in the world. That sense of security has been stripped away.
“I was angry at the perpetrator, but also angry at the world. I kept asking myself, why me? I never found a satisfying answer. That question stayed with me every day.”
Ms Dodd, who also asked the court to consider imposing a restraining order which would prevent Saleh from contacting the woman, added: “The complainant was vulnerable at the time. She was charging her phone in order to get home, and the defendant has exploited this.”
The denial starts…
Bushra Anwar, defending, told the court on his behalf the hearing: “There is an appeal pending. There is an application for a execution of stay until the appeal is heard. The grounds of appeal are quite detailed. There are properly arguable grounds.”
However, District Judge James Hatton said: “The fact that he is appealing does not stop the court from proceeding to sentence. You are asking for a stay of execution. I have literally never been asked for that. The ordinary way in which these matters are dealt with is for me to sentence the defendant to whatever I think is an appropriate sentence.
“For example, if there were community based requirements, you can make an application for those to be suspended while the appeal is being heard. If, for example, I determined that the matter would need to be dealt with by immediate custody, it would be open to you to apply for bail pending appeal.”
Ms Anwar then continued: “He has no previous convictions. The pre-sentence report does suggest alternative methods than custody. There is a risk of the application being rendered academic if the sentence is carried out before any hearing is heard. While she was in the premises at two o’clock in morning, she had been drinking since five in the evening. She was free to leave at any stage. She was free to call out. The CCTV evidence does not support her version of events.”
At this, the judge told her: “You have made it abundantly clear that your client intends to appeal the decision which my colleagues made. That is his right, but that is not going to stop me sentencing on the crown’s case. That is the case that has been proved to the required standard of criminal proof.
“My assessment of what I have been told is that this is a young person on a night out, who is entitled to be on that night out, who has gone into that business to try to get some help and, for her troubles, has been sexually assaulted. Please stick to appropriate mitigation.”
Ms Anwar continued: “I respectfully ask you to take into account the pre-sentence report’s recommendations. With regards to the restraining order application, my client has never attempted to approach the complainant at any point.