Top judge brands sex assault victim ‘foolish’ for getting drunk on night out claiming it left her open to attack
Mr Justice Gilbart's comments branded "dangerous" and "alarming" after teen pleads guilty to terrifying assault
A TOP judge has been slammed for labelling a drunken woman who was sexually assaulted and almost kidnapped “foolish” for drinking so much she left herself open to attack.
The 20-year-old woman was pounced on by teenager Yaqoob Alanezy who put his arms around her, kissed her and then dragged her 30 yards down a street in south Manchester.
Sentencing Alanezy, Mr Justice Gilbart said there was no excuse for the attack but people had to take responsibility for their safety when on nights out.
The High Court judge said the victim only had a “befuddled recollection of events” adding: “I’m sure it was a frightening incident.
“She got very, very drunk. It doesn’t excuse what happened, but people have to make sure they protect themselves and guard against this - she made herself very vulnerable.
“The law seeks to protect victims such as this from their own foolishness.
“(The complainant) had got herself drunk, was in a public place, unable to protect herself and the law must be seen to protect vulnerable people from being picked on by those who spot their vulnerability and choose to attack them.”
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Leah Cowan, a spokesperson for the End Violence Against Women coalition branded his comments “dangerous” and “alarming”.
She said: "The myth that women are responsible for protecting their safety against the actions of abusive and violent men is particularly dangerous.
“When a judge engages in victim-blaming - such as suggesting that how much alcohol a woman drank bears any relation to whether they are deserving of a sexual assault - we must be incredibly alarmed.
“Such incidents act as a strong deterrent for reporting assaults, as women - understandably- become concerned that they will not be believed, or will be blamed for their own attack.
“It is also notable in this case that exactly the criticism that has been made of the victim – drinking too much alcohol – was also used by the defence team to argue that the defendant should be treated more lightly.
“This is the sexual double standard at work.
“It is important that legal professionals set a tone much higher than the victim-blaming attitudes which support and perpetuate the enactment of violence against women."
Alanezy, 18, attacked the woman after their paths crossed in the Victoria Park area of south Manchester, in the early hours of August 20.
He dragged her down the street before they both fell to the floor.
The incident was stopped by a passer-by who saw the victim trying to push Alanezy off her as he lay on top of her.
Alanezy later pleaded guilty to sexual assault and kidnap - relating to the period where he dragged the woman along the road - at Manchester Crown Court .
Who is Mr Justice Gilbart?
One of the country's most experienced judges, Mr Justice Gilbart has had a varied career within the law.
The Cambridge graduate cut his teeth as a young lawyer in Manchester more than 40 years ago having grown up in East Sussex.
He represented Manchester Airport while a barrister specialising in planning during its fiercely contested but ultimately successful battle for a second runway in the 1990s.
As a judge he has presided over some of Manchester's most harrowing and complex criminal cases.
He served as Honorary Recorder of Manchester, one of the city’s most senior judges, from 2008 until he was promoted to the High Court in 2013.
Back in 2011, Judge Gilbart set tough guidelines for how the city should sentence summer rioters. The idea of Manchester courts having their own approach to sentencing was criticised by the Court of Appeal – but the tough sentencing stuck.
He also tried a string of notorious murder cases during his time in the city– including 2012’s trial of Mark Royle , who killed Oldham pensioner Nellie Geraghty in a mugging.
High Court judges tour the country hearing complex cases, as well as making decisions that shape the laws of the land from the Royal Courts of Justice London.
A married grandfather, he lists his hobbies on the Middleton Temple inn of court as cooking. history and blues music.
He has now been given 22 months in a young offenders institution.
The court heard the victim had ended up in the area, which she did not know, after drinking in Manchester city centre and being invited to a flat by two men she met in town.
She fell asleep at the flat, left after waking in the early hours, was attacked by Alanezy in the street shortly afterwards, and has little recollection of events, the court heard.
Oliver Jarvis, defending Alanezy, who is from Kuwait and has been served with deportation papers, said the offence happened a couple of months after he turned 18 and that he had a supportive family determined to keep him on the right track.
Detective Constable Natalie McDonald of GMP’s City of Manchester Team said: “This was a terrifying attack on a young woman, who has been left traumatised.
“Everyone has the right to go about their lives without fear of being sexually assaulted.
“I would like to pay tribute to the victim for having the courage to come forward and help us convict her attacker.
“I’d also like to thank the passer-by who intervened. Without his help, Alanezy wouldn’t have been stopped and his actions played a big part in keeping the victim safe and putting Alanezy behind bars.
“Help and support will always be there for people who come forward and report sexual offences."
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