Indian escapes rape charge as his English is poor

September 2nd, 2008 - 11:00 am ICT by IANS  

London, Sep 2 (IANS) A Swindon court let off an Indian youth with a conditional discharge in an attempted rape case involving a sex worker after the judge accepted the plea that his grasp of English was poor.Jafarkhan Palayangara claimed he came to the UK from India looking for work as a cinematic dancer and gave a Southampton address where he said he lived with his brother.

He did not understand the deal he had struck with the sex worker in June because of his poor grasp of English. He then attacked the woman because he wasn’t happy with the services she had provided him. And the 26-year-old ended up charged with attempted rape following the fracas in Swindon’s red light area.

But after considering his side of the story prosecutors at the town’s crown court accepted his plea to common assault and dropped the more serious charge.

Colin Meeke, prosecuting, said the decision was based on the defendant’s “lack of understanding and poor English” and the “nature of the occupation” of the victim.

He told the court: “There was a dispute over the nature of the services she was to provide, he having handed over his money. There was clearly some sexual congress, not what he wanted, not what he expected, not what he thought he had paid for. He wanted his money back and there was a struggle. That struggle became vigorous. Her screams attracted local residents. They found the defendant astride her and one kicked him off. He was fairly quickly arrested.”

He said the victim had suffered no physical injuries of note in the scuffle and the assault was taking hold of her wrist and sitting on her, according to the Swindon Advertiser.

Palayangara pleaded guilty to common assault. Andrew Hobson, defending, said his client had not been in the country long when the incident happened. He said his client had learned a lesson from his congress with the sex worker.

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