An imam who raped a schoolgirl in a mosque has been unconditionally discharged.

Khandaker Rahman, 67, from Cwmdu, Swansea, was found to have committed the crimes by a jury at Swansea Crown Court in June, after a trial of facts, as he was too ill to stand trial.

The absolute discharge sentence means Rahman committed the offence but will not face any punishment or order.

At Swansea Crown Court, judge Huw Rees said it was the only suitable option.

The judge stressed it was not because of the “seriousness” of the offences.

Rahman raped the young girl in 2005 at a mosque in south Wales where he was an Islamic preacher.

The court previously heard he asked her to help him move some books in a quiet part of the mosque, pushing her into a washroom on the way before raping her.

The court heard she returned to the mosque and Mr Rahman indecently assaulted her on two separate occasions before she stopped going.

The girl kept the attacks secret for more than 10 years before confiding in her husband in 2018.

Rahman’s case was heard as a trial of the facts, which happens when the court determines that a person is unfit to stand trial because of medical evidence.

The jury was therefore asked to determine whether Rahman did the acts alleged, instead of determining whether he was innocent or guilty.

The jury found Rahman did the acts alleged. They were one count of rape of a child under 13 and two counts of sexual assault.

Judge Huw Rees described Rahman, who was not present for the sentencing, as “elderly, frail with significant cognitive impairment” and dementia.

The judge said Rahman’s “current presentation is not of a nature or degree that would meet the criteria for detention”, leaving limited options as a result.

He explained that, under the Criminal Procedure (Insanity) Act of 1964, the court had three choices: a hospital order, a supervision order, or an order for absolute discharge.

Two psychiatrists concluded that neither a hospital order nor a supervision order would be appropriate in Rahman’s case.

Judge Huw Rees therefore made the order of absolute discharge but said this disposal “is peculiar to the insanity act” and did not reflect “the seriousness of the experience” of the victim.

He stressed that this application of the order was different to cases where there is a conviction, but the crime is not serious enough for punishment, saying that in this case, “it’s not a question of punishment”.

‘Tremendous courage’

Following the hearing, Lucy Dowdall of the Crown Prosecution Service (CPS), said: “The victim in this case showed tremendous courage coming forward, knowing the position of power Rahman held within the community.

“The passage of time and Rahman’s ill health did not deter us from bringing this case to Court and giving the victim a voice.

“Our thanks go out to her for the unwavering support she has shown to this prosecution.”

https://www.bbc.co.uk/news/uk-wales-62971626

Islamic preacher Khandaker Rahman on trial for mosque rape

• Published25 November 2020

An Islamic preacher accused of raping a young girl was arrested 15 years later after she identified him on YouTube, a court heard.

The woman only knew her alleged attacker as “The Imam” before going on the internet to find Khandaker Rahman, 64, Swansea Crown Court heard.

The alleged victim said she was left feeling guilty and wanted closure after being raped in a mosque in south Wales.

Mr Rahman, of Cwmdu, Swansea, denies rape and two sexual assaults.

The woman saw a “side profile” picture of him on YouTube and took a screenshot to police, the court heard.

‘Helped move books’

Prosecutor John Hipkin told the jury how the “highly respected” Muslim leader raped the girl during religious lessons.

Mr Hipkin said: “He agreed to let her leave early if she helped him move some books from the library upstairs.

“On the way there he pushed her into a washroom and she fell on to the floor banging her head.

“The next thing she remembers is Rahman on top of her.”

The court was told she fled the mosque and got into her father’s car which was parked outside. 

She stopped going to the mosque after Mr Rahman assaulted her on two separate occasions, the jury was told.

The trial continues.

https://www.bbc.co.uk/news/uk-wales-55075801