A 51-year-old convicted rapist has successfully appealed against a Home Office deportation order after the Upper Tribunal (Immigration and Asylum Chamber) ruled that removing him to Jamaica would expose him to serious harm following his claim of being bisexual.
The offender, who was granted statutory anonymity by the tribunal under the cipher OB, entered the United Kingdom lawfully in 2003 to work in a senior educational role, after which his wife and child relocated to join him.
In 2013, OB was convicted of raping his wife and received a five-year custodial sentence alongside an order to register on the Sex Offenders Register for life. The following year, he was sentenced to an additional 13 years’ imprisonment after being convicted of further sexual violence, including the rape of his adult sister, penetrative sexual activity with an adult relative, and the attempted rape of a child under 16.
During sentencing, the trial judge strongly criticised OB’s persistent dishonesty, noting his calculated manipulation of family members to suppress his sister’s allegations and cause an initial police inquiry to be abandoned.
Under UK legislation, all victims of sexual offences are protected by lifelong statutory anonymity.
Following his custodial terms, the Home Office initiated deportation proceedings and formally rejected an asylum claim submitted by OB. However, the Upper Tribunal allowed his appeal against deportation after evaluating country conditions in Jamaica, where consensual same-sex activity between men remains criminalised under the Offences Against the Person Act and same-sex marriage is constitutionally barred.
OB submitted evidence stating that he is a former musician and teacher who now identifies as bisexual and is engaged to a younger man, who was 20 years old at the time of the initial proposal.
Delivering the decision, Upper Tribunal Judge Joanna McWilliam stated that while OB’s appeal on the basis of Article 8 (right to respect for private and family life) would have been rejected due to the gravity of his crimes, his removal was prohibited under Article 3 of the European Convention on Human Rights (ECHR). Article 3 contains an absolute legal prohibition against returning an individual to a country where they face a real risk of torture, or inhuman or degrading treatment, irrespective of their criminal history.
Image – Anonymous Artist Impression
For the latest updates and offender details, follow us on the Offender Register Facebook Page. If you or anyone you know has been affected by the individuals highlighted on this website, please report them to the Police on 101 (999 in an emergency) or visit their online resources for further details on how to report a crime. You can also report to Crimestoppers if you wish to remain completely anonymous. There is help available on our support links page.