An Islamic teacher, accused of a sex attack on one of his female students in a public park, was cleared of the charge today after the trial judge ruled the complaint was motivated by religious tradition and custom rather than any sexual act.
Akram Almaged, 48, (pictured) of Orchard Close, Dollis Hill, denied sexually assaulting the 27 year-old woman in Fryent Country Park, Kingsbury on August 7, last year.
Harrow Crown Court heard ex-University of Tehran lecturer Almaged taught 18-20 students at his home, including the complainant, who arrived at the address with fruit and sweet meats on the day of the alleged assault.
They went for a walk and she told the jury she fainted four times as they strolled around the park and as she came around the first time she was lying on the ground with the defendant's jacket under her head.
She claimed he placed his hand on the upper part of the left-side of her chest and then caressed her lips, cheek and hair and in her original statement told police the defendant's palm was on her breast as he moved his other hand towards her hip.
The woman told police Almaged proposed marriage to her and told her: "I love you. You are good. Are you with me?"
She said she was "shocked" by the defendant's behaviour and walked in the opposite direction when he tried to intice her towards some bushes.
They returned to Almaged's address, where the woman said he demanded a photo of her and she felt obliged to hand one over just to get out of the house.
However, she returned that night for a lecture with other students and it took her six weeks to make a complaint to police after lengthy discussions with fellow members of her community.
Judge Jeremy Donne QC ordered the jury to return a not guilty verdict at the conclusion of the prosecution case, announcing: "It is all wrapped up in the individual's view of strict Islamic observance.
"I have had concerns about this case from a very early stage. This entire case takes place in the context of a defendant and complainant who are strict adherents to the Islamic religion."
Two fellow students also gave evidence against Almaged and the judge questioned their motivation.
"Much of the disapprobation towards this defendant that the witnesses have is the fact he was alone with this young woman and his admitted touching is simply viewed critically as trespassing Islamic borders."
Almaged told police he did hold the victim, but only because she was ill and tired and asking for help.
"Every time she asked for help I held her by the hand. If I had bad intentions I would have touched her in other places.
"I am really astonished by the entire story," he told officers.
Judge Donne added: "It is clear the complainant was in a confused and disorientated state on this day as illustrated by her repeated faintings.
"This is a case where it is not clear the touching can be viewed as sexual and it is my duty to remove this case from the jury. If I allow it to go to the jury there could be a miscarriage of justice."
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