Two men jailed over rape of student in Belfast flat

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Two men who raped a student in a flat in Belfast were sentenced for the sex attack today (Wednesday).

Mohammed Ibrahim Hassan (30) was handed a six-and-half year sentence while co-accused Abdiqani Abdulkadir Muhaiden (26) had a five-year sentence imposed.

The pair were told their sentences will be divided equally between custody and licence by Judge Gordon Kerr KC who placed both men on the Sex Offenders Register for life.

Hassan, from Orient Gardens in Belfast, was convicted by a jury earlier this year of rape, oral rape and sexual assault by penetration on October 4, 2019.

The jury at Belfast Crown Court also convicted Muhaiden, from Malone Road in the city, of one count of oral rape on the same date.

Despite the jury's guilty verdicts both men, who are Somalian nationals, maintain the sexual activity with the victim was consensual.

During the trial, the jury heard that on Thursday October 3, 2019 the victim – who at that time was a university student – left her part-time job in the centre of Belfast at around 9.30pm.

She met up with friends on the Dublin Road and enjoyed drinks in a bar.

The group then went to Thompson's Garage nightclub and after arriving at around 11pm, they remained there until closing time where more alcohol was consumed.

In her evidence, the victim said that due to having little to eat coupled with the drink she consumed, her memory of leaving the club at around 3am on October 4th was 'hazy.'

She recalled meeting a male who called himself JJ – who was the defendant Muhaiden – outside the club and after striking up a conversation, they went to a fast food outlet along with her friend and another male they met in Thompson's.

At this point the victim's friend tried to persuade her to leave the scene with her, but the victim said she was going with Muhaiden.

The victim and Muhaiden then went to a taxi office on the Donegall Road where Muhaiden purchased a bottle of vodka.

They then got a taxi to co-accused Hassan's flat on Ulsterville Avenue and arrived there at around 4am.

Whilst in the flat, the victim was taken to a bedroom and with both men present, she was given more alcohol as well as a cannabis joint.

Describing herself as 'very drunk' at this stage, the victim said she couldn't recall either men consuming any of the vodka.

At 4.48am she sent a text to a friend asking if she could stay at his house as she found the situation in the flat as 'weird.'

She also recalled the two men in the bedroom talking to each other in a foreign language and a short time later she passed out.

Her next memory was waking up on top of the bed naked with both vaginal and oral intercourse taking place.

The victim said she was in pain, that she told both men to stop but that they continued with the sexual activity.

After she left the flat, she told her friends what had happened and later that day, she attended a sexual assault referral centre in Antrim and underwent a medical examination.

The PSNI were alerted and following his arrest, Hassan confirmed the victim had come to his flat with Muhaiden.

He also claimed that the sexual contact was consensual and that the women left his flat on good terms.

During Muhaiden's interview with police, he said that after meeting the victim outside the nightclub, they went back to his friend's flat.

He also said the sexual activity was consensual and that the woman was a willing participant.

These claims were maintained at the trial and were rejected by the jury via the guilty verdicts.

Crown barrister Neil Connor KC said the victim "was vulnerable by reason of the circumstances she found herself in because of the consumption of alcohol."

He added that as "there were two participants in sexual activity at various stages of this incident", this should be regarded as a "significant aggravating factor."

Judge Kerr said he had considered defence submissions made on behalf of both men.

Regarding Muhaiden, the Judge spoke of his clear criminal record, his "challenging upbringing" in Somalia and his good working record after arriving in Northern Ireland with his family in 2010.

In respect of Hassan, Judge Kerr noted he has been in Northern Ireland since 2016, he has a pending asylum case and has had "problems" regarding alcohol use.

As well as imposing the jail terms, Judge Kerr made Hassan the subject of a five-year Sexual Offences Prevention Order and Muhaiden the subject of a six-year Order.