A man sexually assaulted a woman, attempted to rape her, then strangled her despite her crying and telling him to 'leave her alone'. The victim believed she was going to die, fearing her attacker would be willing to kill her.
Attack Details
Romal Xavier, 42, of Tonyrefail, was accused of a number of sexual offences against the victim which he denied but was found guilty of attempted rape, sexual assault and intentional strangulation following a trial. Despite the convictions, the defendant continues to maintain his innocence.
A sentencing hearing at Cardiff Crown Court on Wednesday heard the victim was confronted by Xavier who had his penis exposed and was moving towards her mouth, saying 'Can we do this?' The victim managed to move her mouth away, but the defendant touched her lips. The court heard Xavier strangled the victim by placing his hands around her throat and banged her head against a wall.
Attempted Rape and Threats
The defendant attempted to rape the victim, while she shouted at him to 'leave her alone' and tried to get away from him. He prised open her legs using his knee and tried to penetrate with his penis but the victim was able to stop him.
Prosecutor Dan Jones said Xavier used threats against the victim, including a threat to kill her, which caused her to fear that violence would be used against her. In a victim personal statement read to the court by Mr Jones, the victim said she 'genuinely thought she was going to die'.
Conviction and Sentence
The defendant was arrested and denied the offences against him, but he was found guilty by a jury. Xavier, of Elizabeth Street, Thomastown, was convicted of attempted rape, sexual assault, intentional strangulation, and a separate offence. The court heard he was made subject to a suspended prison sentence for drink driving.
In mitigation, Julia Cox said her client maintains his innocence and there was little she could say on his behalf. The barrister said the defendant had worked for many years in various countries. His leave to remain in the UK expired last year and he has applied for asylum, but Ms Cox said it was likely he would be deported.
Judge Vanessa Francis sentenced Xavier to a total of nine years and two months imprisonment. The defendant was also subjected to sex offender notification requirements for life and a restraining order for 10 years.
