An HIV positive refugee who was granted asylum after falsely claiming he was homosexual, was jailed today for raping a 17-year-old girl.
Zimbabwean Gabriel Vengesai, 45, also had consensual unprotected sex with a 14-year-old girl who bore him a child, Winchester Crown Court heard.
The former pub landlord, who claimed he was homosexual so he could stay in Britain, was on bail for having sex with the girl when he violently raped the 17-year-old at his flat in Aldershot, Hampshire, last October.
Sentencing, Judge Tom Longbotham said Vengesai was such a high risk to woman that he jailed him under public protection legislation and said the minimum term he would serve would be six and half years before his release could be considered.
Vengesai’s victims, and the child he fathered, did not contract HIV.
He had fled to Britain in 1996 and was given leave to stay because he said he was homosexual and subject to intimidation in Zimbabwe.
But he had a long-term girlfriend, the court was told.
Judge Longbotham also said Vengesai would be deported if he was ever released.
Vengesai was found guilty of rape and engaging in sexual activity with the 14-year-old in a trial at Winchester in April.
The jury was told that Vengesai met the 17-year-old at an arcade in Aldershot and she and a friend went back to his flat. He then took her to his bedroom and raped her violently, causing internal injuries.
The girl managed to escape only when alcohol that had been ordered arrived and she and her friend fled and called the police.
Vengesai told detectives he had used a condom during sex, which he maintained was consensual. But he later changed his story and admitted he had not used a condom because he had got carried away.
The court heard the rape victim was forced to give evidence against her attacker not even knowing whether she had contracted the disease. It was only at the end of the trial she was given the all clear.
Vengesai had consensual unprotected sex with the 14-year-old in May 2005 at a Farnborough flat, despite knowing the girl’s mother.
Judge Longbotham told Vengesai: “You are HIV positive and at all relevant times you knew you were HIV positive. You had unprotected sex with the 14-year-old girl and as a result she became pregnant and gave birth to a child.”
The judge said the rape victim had the “misfortune” of meeting up with Vengesai.
“You were so much older and, no doubt persuasive. It’s also clear from your behaviour towards these two girls there was some premeditation in taking them back to the flat,” he said.
“You didn’t take no for an answer. The girl made it perfectly clear she did not consent. You raped her violently. You held her hands, you restrained her and had intercourse with her without a condom. The attack was so violent she was injured.”
‘Vengesai thinks he is entitled to sex’
The judge then read out an extract to the court from the pre-sentence report on Vengesai. It said: “Vengesai thinks he is entitled to sex as a male, and women need sex.”
The report concluded that he was a high risk of re-offending.
“It seems clear to this court that you were quite unable to control your sexual urges on that occasion and you were going to have sex come what may,” Judge Longbotham said.
“I have seen two impact statements from the girl and one statement from her mother stating, in considerable detail, the effect this attack has had on her. It has had a terrible effect upon her. She had the fear, continuing to the point she gave evidence, as to whether you had infected her.”
Judge Longbotham said the girl had taken strong anti-HIV drugs to try and stop the infection and only luck had left her clear of the disease.
“The risk to the public is clearly illustrated in these two cases. You twice demonstrated you have no concern for the safety of those you have sex with. You will remain a serious risk and a high risk of re-offending,” he said.
He concluded: “In my judgment, your continuing presence is detrimental to this country and this court recommends your deportation at the end of your sentence.”
The 17-year-old rape victim, who cannot be named, was in court to see her attacker sentenced.
When the verdict was given in April, her mother said in a statement: “This man came to Britain on the pretext of being a practising homosexual, who on arrival in this country was diagnosed as HIV positive. The reason he stated he was seeking asylum in Britain was due to persecution from his countrymen in Zimbabwe over his sexual orientation.
“He has been in this country for 10 years and only just been arrested for fathering a child with a girl of 14. Whilst on bail for this he raped my daughter. He made no attempt to protect his victim from contracting HIV.
“These are not the actions of a homosexual, especially as Mr Vengesai has a long-term girlfriend.
“Our thoughts are of disgust that a man who is obviously fluent in lying, who has been caught out in these lies during police interviews and during the court session whilst under oath, could continue to lie to the immigration office in the guise of a practising homosexual.
“Upon release we would expect the immigration office to act quickly and deport this hideous man so that he can do no further damage to the young girls in our communities.
“If it were not for the quick action of the police and medical staff at the hospital in getting our daughter medical attention to prevent her from contracting HIV, then we would now not only be helping her overcome the damaging effects of the rape, but supporting her with the life-long effects of HIV.”