A woman in the public gallery at Birmingham Crown Court caused a disturbance by shouting 'the defendant does not have herpes' as a teenage rapist was sentenced to seven years in prison.
Wahidullah Hotak, aged 18, from Handsworth, was jailed on Thursday, May 7, after being found guilty of raping a 24-year-old woman in the toilet of a shop in Wednesbury where he worked. The attack occurred on February 27 last year, when the victim, who had been drinking and was intoxicated, entered the shop asking to use the toilet. Hotak took advantage of her vulnerable state and sexually assaulted her.
In an emotional impact statement, the victim described being told at a Sexual Assault Referral Centre that she might have contracted HIV or hepatitis. She also mentioned developing blisters, saying they were 'probably herpes because of the assault.' This comment prompted the unidentified woman in the public gallery, later confirmed to be associated with Hotak, to stand up and shout towards Judge Simon Drew KC: 'The defendant does not have herpes.' The judge ordered her to stop and had her removed from the room.
Dispute Over Age and Asylum Status
Hotak, an Afghan national who arrived in the UK in 2023, had one asylum claim rejected and was planning to appeal. There was also a dispute about his age, with prosecutors initially believing he was 26. However, a document from the Afghanistan Ministry of Interior Affairs confirmed he was 18 at the time of sentencing but 17 when the crime was committed. This age difference significantly affected his sentence. Judge Drew stated that without the mitigation, the jail term would have been around ten years.
Sentence and Dangerous Offender Ruling
Judge Drew described Hotak as a 'dangerous offender' and said he posed a significant risk of causing serious harm to the public. The sentence includes seven years in prison with an extended three-year licence period. The judge told Hotak: 'This was a stranger rape and you accept no responsibility for your part in it.'
Francesca Perera, defending Hotak, said he had a difficult upbringing in Afghanistan. She acknowledged the impact on the victim but noted there was no medical evidence to support the herpes claim. West Midlands Police released his custody photo after the sentencing.
