A migrant who raped a sleeping woman has won the right to remain in the UK after arguing that his life would be at risk if deported to Jamaica because he is “bisexual”. The 41-year-old claimed he did not know that having sex with a sleeping woman was wrong.
The man, who has been granted anonymity for his own protection, was sentenced to seven years in prison in 2018 for the rape, which took place at a party. After his release in June 2021, he was issued a deportation order, with the Home Office branding him a “danger to the community”.
However, the migrant contested the order, stating that he had faced violence in his home country due to his sexuality and that this was the reason he moved to the UK in 2018.
He told the tribunal he had been attacked with a “metal bar, machete and dogs” and recounted how an older man he was dating was killed for being gay.
An expert testified that the migrant would be a “target” if he were to return to Jamaica due to his sexuality. The Home Office, however, argued that there was only evidence of him dating women in the UK. The judge ruled that the migrant was “incentivised not to re-offend by the threat of return to prison” and allowed him to remain in the UK.