Asylum seeker jailed for raping 15-year-old girl in Falkirk town centre

Sadeq Nikzad, who continues to maintain his innocence, repeatedly shouted “Liar!” at judge John Morris KC on Wednesday.

The judge had just handed him a 12-year extended sentence at Livingston High Court comprising nine years in custody followed by three years on licence.

His name will remain on the sex offenders' register and, at the end of his sentence, he will be deported.

The judge hurriedly left the bench as the 29-year-old accused, screaming abuse and gesticulating wildly, was handcuffed by security guards before being led to the cells.

The court heard that Nikzad entered the United Kingdom illegally on a small boat two years before subjecting the 15-year-old child to a terrifying sex attack in Falkirk town centre on October 16, 2023.

He was convicted of rape following a trial at the High Court in Edinburgh after a jury heard how he caught up with the girl in the town centre, and asked for her phone number and whether she had a boyfriend.

He made sexual remarks towards the underage youngster before leading her to the rear of The Courtyard pub where he molested her and subjected her to a rape attack.

The girl said that she froze and was "quite shocked" during the sexual assault on her.

Nikzad’s defence counsel Janice Green told an earlier hearing that her client had not been educated about the significant cultural differences between the UK and Afghanistan.

She highlighted the “cultural barrier” between his home country and Scotland in the sense that child marriage was prevalent in Afghanistan.

She explained: “In particular in poorer regions in the north child marriages are nearly 50 per cent.”

She said that the schoolgirl’s evidence about language difficulties between them and the fact that she had not told the accused “No” meant that the offence was “not a typical stranger rape”.

“I’m not suggesting that means that he reasonably believed (the complainer) was consenting but that there’s a reason why he could have misunderstood.”

She said Nikzad had lived in various locations in the UK since the age of 25 and had applied for asylum, but his claim had lapsed since his remand in custody.

She added: “There are no issues raised by him in relation to fear of persecution and the ultimate result is that he’ll be deported at the conclusion of his sentence.”

Passing sentence, judge Morris criticised the Home Office for being “less than helpful” in providing information to the court about Nikzad’s current asylum status and emergency travel arrangements for his return to Afghanistan.

Speaking to the accused through an interpreter he said: “I appreciate that you don’t accept that you’ve done anything wrong, but the fact remains that you’ve been convicted of an extremely serious sexual offence against a child, and I know your counsel has now explained to you that in those circumstances only a substantial custodial sentence is appropriate.

“Also, I must ensure that the public is adequately protected against serious harm from you when you’re eventually released and for that reason I’m going to pass on you what is called an extended sentence.”

He explained that the sentence had two parts: a custodial period during which time he would be detained in prison followed by a period on licence and subject to recall following his release.

He said the nine-year prison term would run from the date when Nikzad was taken into custody for the rape, namely October 18, 2023.

He warned: “The conditions of the licence will be determined by the Secretary of State and if you fail to comply with those conditions it’s likely that your licence will be revoked and you’ll be returned to prison. Similarly, if you commit any further offence you’ll also be returned to prison.”

As he informed the accused that his name would also be placed on the sex offenders register Nikzad appeared to lose his temper and started staring intensely around the courtroom, waving his arms in the air and shouting at both his interpreter and the judge. He was eventually led to the cells.

Following the sentencing, Katrina Parkes, Procurator Fiscal for High Court Sexual Offences, said: “This was an appalling, opportunistic attack on a young girl who should have been safe going about her daily business.

“The victim should be commended for reporting Sadeq Nikzad to the police, ensuring that he has now been held accountable while also protecting others from harm.

“This type of offending will not be tolerated, and I hope this prosecution sends a clear message to men who commit serious acts of sexual violence against women and children.

“I would urge anyone who has experienced similar crime to report it. You will be listened to and supported as we use every tool available in seeking justice.”