Birmingham judge hits out at police after taking three years to charge man with rape

A judge has slammed police for taking three years to charge a man with rape after he committed a second brutal sex attack while on bail.

Abdul Khan, 27, lured a partygoer he found at Broad Street's PRYZM in Birmingham nightclub to his car before driving to a secluded alleyway in Ward End and raped her in 2019.

He was arrested for the offence in 2019, but was bailed by police.

In 2022, Khan allegedly said he was taking a woman to a friend's house but he took her to the same spot in Ward End and supplied her with nitrous oxide balloons and cannabis.

He then raped her in a 40-minute ordeal during which he repeatedly applied pressure to his victim's neck to subdue her attempts at escape.

Khan, of Raymond Street, Alum Rock, was found guilty of two counts of rape and one offence of assault by penetration following a trial at Birmingham Crown Court.

He was deemed “dangerous” and sentenced to 13 years in custody with an extended five-year licence period.

While passing sentence, Judge Heidi Kubic KC said: "It's lamentable the police took three years to charge you with these offences.

“Following your arrest and release you went on to commit a further offence of rape in 2022."

Judge Kubik stated Khan had no remorse for either victim, both of whom were vigorously cross-examined at his instruction during the trial while he did not give evidence himself.

She added: "This was a very strong prosecution case.

"Both complainants gave clear accounts of non-consensual sexual activity in circumstances where it would have been obvious that they were not consenting, but you overpowered them and carried on regardless."

Khan is said to have put on the victim in a chokehold and "repeatedly applied increasing pressure to her neck to stop her from breathing and to subdue her attempts to escape".

"Neither complainant knew one another yet there were a number of similarities in their accounts of your attitude and behaviour towards them," said Judge Kubik.

In regards to the first victim, she said: "She was terrified you were going to kill her. Ultimately she was able to grab her handbag and escape.

"She had no idea where she was in a strange city but ran to a complete stranger's house in the early hours and made a desperate plea to call 999."

The first victim was "significantly distressed" by having to relive her attack in court and had given up her studies, while the second victim has "struggled to move on" from the attack.

She concluded that Khan was "clearly dangerous", as defined by law, due to the repeated nature of the attacks and his use of asphyxiation.

His only mitigation was his relatively "young" age and previously clean criminal record.

He will serve at least two-thirds of the 13-year term in custody before being considered for release, alongside adhering to sex offender notification requirements for the rest of his life.

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