An Afghan asylum seeker tried to defend his rape of a 15-year-old Scottish schoolgirl by citing cultural differences and a language barrier.
Sadeq Nikzad, 29, entered the UK illegally on a small boat in 2023, and later that year subjected the teenager to a terrifying sex attack in broad daylight in Falkirk town centre.
Nikzad will serve nine years in custody followed by three years on licence, go on the sex offenders register and be deported at the end of his sentence.
As the sentence was passed at Livingston High Court, Nikzad repeatedly shouted “liar” at Mr Justice Morris.
He was convicted of rape at the High Court in Edinburgh earlier this year after a jury heard how he approached the girl and asked for her phone number and if she had a boyfriend.
He then made sexual remarks towards the underage girl before leading her to the rear of The Courtyard pub, where he attacked and raped her.
The girl said she froze during the assault, while a woman who came across her shortly afterwards said she had been “in a daze”.
The witness said: “She looked stunned. I knew something had gone wrong. She came to me for comfort. She said she kept telling the guy she was only 15.”
‘An appalling, opportunistic attack’
Janice Green, Nikzad’s defence counsel, told an earlier hearing that her client had not been educated about the significant cultural differences between the UK and Afghanistan.
Ms Green also said the schoolgirl’s evidence about language difficulties between them and the fact she had not told the accused “No” meant the offence was “not a typical stranger rape”.
She added: “There are no issues raised by him in relation to fear of persecution, and the ultimate result is that he’ll be deported at the conclusion of his sentence.”
During sentencing, Mr Justice Morris told the accused through an interpreter: “You’ve been convicted of an extremely serious sexual offence against a child, and I know your counsel has now explained to you that in those circumstances only a substantial custodial sentence is appropriate.”
After sentencing, Katrina Parkes, the procurator fiscal for High Court Sexual Offences, said: “This was an appalling, opportunistic attack on a young girl who should have been safe going about her daily business.
“I hope this prosecution sends a clear message to men who commit serious acts of sexual violence against women and children.”
Det Insp Forbes Wilson, from the Forth Valley public protection unit, said: “Nikzad’s heinous actions had a profound effect on his young victim, and I would like to commend her strength throughout this ordeal.”
