Child sex abusers can be punished more severely when their victims are Asian, court rules

Being Asian can be an aggravating factor for child sex abuse victims as it raises issues of cultural shame for them, the Court of Appeal has ruled

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The Independent Online

A paedophile who sexually abused two children could be given a harsher sentence than usual because his victims were children, a judge has ruled.

In a Court of Appeal ruling in the case of Jamal Muhammed Raheem Ul Nasir, Mr Justice Walker said it was right that he had been given a longer prison sentence because his victims were Asian, The Guardian reports.

The 32-year-old was convicted of sexually assaulting two girls under the age of 13 and was handed a seven-year jail term in December. 

Sally Cahill QC, the judge who originally sentenced Ul Nasir, from West Yorkshire, said the fact his victims were Asian was an aggravating factor when considering the sentence to pass because it had raised issues of cultural shame for the girls and their families.

Ul Nasir appealed against the sentence, which he argued was unfairly long. 

But this was rejected by Mr Justice Walker.

As reported by The Guardian, he ruled: “The victims’ fathers were concerned about the future marriage prospects for their daughters… harm was aggravated by the impact on the victims and their families within this particular community.”

The NSPCC said the effect of sexual abuse on all children needed to be recognised.

A spokesman for the charity said: “British justice should operate on a level playing field and children need to be protected irrespective of cultural differences.

“Regardless of race, religion, or gender, every child deserves the right to be safe and protected from sexual abuse, and the courts must reflect this.

“It is vital that those who commit these hideous crimes are punished to the full limit of the law.”