Tuesday 30 June 2015

Not Guilty: Care Worker Cleared Of Raping Resident With Learning Difficulties

A care worker, responsible for looking after the occupants of a residential home, has been cleared of raping a woman with learning difficulties, but will still be punished for having sex with her.

Mohammed Azam, 23, always admitted having sex with the 53 year-old woman, but insisted it was consensual and the rape claim was made after he rejected her further advances.

Croydon Crown Court heard he was the only member of staff at the assisted accommodation in South Way, Coulsdon that evening - staying overnight in case of any emergency.

The woman closed her eyes when Azam showed her pornography on his mobile phone moments before forcing himself on her, the jury were told. 

"She says he undressed her and she did not like it and described it as: 'Very rough and horrible,' and she said it was hurting her," explained prosecutor Miss Dianne Chan.

"He said: 'Women are bastards,' and said he wanted to be her boyfriend and that she was sexy."

The woman took a shower afterwards, but Azam jumped in and joined her, explained Miss Chan. "He said it was their secret and he did not like his job anyway.

"After the shower he made her do it again and she was in a lot of pain and was crying and he laughed.

"She went to her room and did not tell anyone. She was scared stiff.

"On another day he asked her to do it again and she said no and when she told the manager the manager said she was a liar."

The house was run by a company called Direct Care and Support Services and Azam was hired by the manger, who had known him for five years, in November, 2012 and sex occurred within four months.

He was hired despite his poor English skills and needs an Urdu interpreter in court.

On March 25, 2013 the defendant was asked about the complaint. "He said sex had taken place in the staff bedroom and he thought she complained because she asked for sex again and he refused."

The defendant moved into a temporary hostel and one night chatted with a witness about the incident. "Mr. Azam said it was not a real rape because he was already having sex when he was asked to stop and carried on," explained Miss Chan.

Azam was found not guilty by the jury of two counts of rape between February 1 and March 25, 2013.

He pleaded guilty to two alternative counts of sexual activity while employed as a care worker with a person with a mental disorder and will be sentenced on July 30.

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