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Feminism: Sex and gender discussions

North West man avoids prison after sexually assaulting a woman in late night attack, apparently because he is his family's sole earner

69 replies

HeadPain · 15/03/2021 19:52

I'm very annoyed. Surely money from Government benefits/welfare payments could have supported his family?? This should not be a reason to avoid jail. :(

"North West man avoids prison after forcing himself on woman in late night attack
Javed Miah's lawyer pleaded with the court not to send him to prison due to being the sole earner in his family"

www.lancs.live/news/lancashire-news/north-west-man-avoids-prison-20164977?fbclid=IwAR0kBZqywx4swnOZofGIiWRD7luhzgs0NQSSbuUFAlcUOAB4RWHwwV9AuMw

"A takeaway worker who forced himself on a young woman in a late night attack has walked free from court after complaining he would lose his job if he was sent to prison.

Javed Miah ambused the scared victim in the street before pulling her to the floor.

It was after this that he molested her.

Tameside Magistrates' & County Courts (Image: Steven Haslington)

A takeaway worker who forced himself on a young woman in a late night attack has walked free from court after complaining he would lose his job if he was sent to prison.

Javed Miah ambused the scared victim in the street before pulling her to the floor.

It was after this that he molested her.

Miah then fled the scene only when the unnamed woman, whose identity is protected by law, used the SOS function on her iPhone to call 999.

This made her phone let out a loud beeping noise to alert anyone nearby while contacting emergency services.

"Since the assault, I have not been able to leave the house or work," the victim told police.

"I do not know if he knows my route to work. I am scared to walk anywhere.

"I will have to rely on my friends or family to drive me to work out of fear."

Miah, of Lees Street in Shaw, Oldham, ran off but was soon arrested.

The 23-year-old faced jail after admitting sexual assault but was sent on a sex offender rehabilitation programme after pleading he was a ''the sole earner'' in his family, the MEN reports.

Appearing at Tameside Magistrates' Court last Monday (March 8), his lawyer said the attack was ''quite opportunistic".

It took place at around 9pm on December 11, 2018, in Oldham after the woman was on her way home after finishing at work.

Prosecutor Peter Conroy said: '''She noticed there was a male walking behind her, and he bumped into her.

"Her right shoulder hurt and she lost her breath because of fear that she did not know what the defendant was going to do. "

Miah asked her what the time was, Mr Conroy said, to which she replied.

But he continue to follow her for around another 60 seconds before approaching her and grabbing her buttocks.

Mr Conroy added: “She was shocked and frightened. She told him it was not right for him to do this. He had his arms around her chest and then the next thing she knew, she was on the floor on top of him.

"He lifted his right hand towards her crotch and started to move her hand up towards her chest.

“She said ‘my mind froze, I was in total shock’. She managed to get out her mobile phone and use the SOS function to call 999. This let out a loud beeping sound and this forced him to instantly let go and run away down an alleyway. She had said nothing to him to warrant giving him any right of doing this.''

Miah, who gave no comment in his police interview, was the sole earner in his family, his lawyer Saul Comish said.

"He is in employment at a takeaway where he works from 4 to 11pm," Mr Comish said.

"He is married and is a father to a four-year-old child. If you feel a custodial sentence is required, he would lose his job and he the sole earner for his family, so this would have a significant impact.

"This incident was entirely out of character. He has a low risk of re-offending."

Miah was sentenced to six months imprisonment, suspended for two years and will have to complete 250 hours of unpaid work.

He was also ordered to pay £213 in costs and sign the Sex Offender Register for seven years.

Sentencing JP David Quarnby said: “This was a cowardly and sustained attack on a young woman late at night.''"

And I don't give a friggin crap that it was apparently "out of character" . Don't believe that either.

OP posts:
toffeebutterpopcorn · 16/03/2021 07:46

You could say of someone who murders someone else - well that was out of character, they’ve never murdered anyone before...

highame · 16/03/2021 07:37

This 'out of character' comment that Judges keep making??? That might be appropriate to say about someone who has a shouting fit during a heated incident but to make that comment about a sex offence is absurd. It's as though one just does it in the heat of the moment and that's acceptable, when everyone knows some sex offenders can escalate their actions.

Any Judge who says 'out of character' or barrister who uses it as a defence in such cases should be struck off.

Erkrie · 16/03/2021 07:30

This is disgusting. Nothing has changed at all has it. Same old boys network. Men looking after men. At the expense of women.

Beamur · 16/03/2021 07:27

One thing I hope comes out of the current survey into VAWG is the removal of the fallacy of good character in terms of addressing violent men. If they're violent, they're of poor character and a danger to women. It really is shit how little a woman's safety is valued.

ItsDinah · 16/03/2021 05:51

Epstein's not the only one who can be sued in a Civil Action. Can the Legal Aid Board be persuaded to grant legal aid for this type of case? Can the victim seek a non-molestation order? I appreciate he may not be able to pay out damages but the court order will stay on his records for at least six years and cause him some difficulty as will the attendant publicity. Do we need a Victims' Rights Campaign for all victims?

Slurtdragon · 16/03/2021 05:28

His urges will only become wilder. Fucking bastards.

CattyCactus · 16/03/2021 05:04

FFS.
“Out of character”
I’m surprised they didn’t also say he’s ‘lovely, quiet and kind.’ As per fucking usual.
This is terrible.
That poor woman. How must she feel?
Can we write to the Attorney General and appeal this utter pile of shit?

Extremelyilluminated · 16/03/2021 04:57

This is absolutely disgraceful .
How do we change this?
Why does it happen over and over?
What is there not some sort of upholder of women’s rights that sits in on each and every assault case against women?

Gingerkittykat · 16/03/2021 04:52

I hope his partner and child are safe, he doesn't sound like he would be a caring partner and father.

WeeBisom · 16/03/2021 04:47

And as usual certain legal commenters on twitter are hand waving this away as “we just don’t have enough information so can’t possibly tell if this is a bad decision or not ! There could be really good reasons for letting this guy roam the streets! “ I’m sorry but what more information could possibly make this sentence acceptable?

thinkingaboutLangCleg · 16/03/2021 04:32

This incident was entirely out of character. He has a low risk of re-offending.

There’s no evidence for this at all. And getting away with it will very much encourage him to do it again.

Porridgeoat · 16/03/2021 02:40

Omg!

Why isn’t he in prison for his crime?

The partner might need to work and claim benefits but so what?!

NiceGerbil · 16/03/2021 02:18

It's a very bold attack for a one off.

These men escalate that's well known. Opportunities are missed to get these men off the streets because... Well there's always one reason or another.

Lifeaintalwaysempty · 15/03/2021 21:12

Meanwhile mothers committing mostly non violent offences (and usually likely to be victims of abuse themselves) are sent to prison and their children put into care, destroying the lives of the entire family.
Fucked up priorities. Yes PP you’re right sexual offences have been entirely decriminalised in this country.

HeadPain · 15/03/2021 21:08

""He is married and is a father to a four-year-old child. If you feel a custodial sentence is required, he would lose his job and he the sole earner for his family, so this would have a significant impact.

"This incident was entirely out of character. He has a low risk of re-offending.""

Fkin bullshit, makes me so angry.

OP posts:
marplemead · 15/03/2021 21:03

@persistentwoman

I know members of the public can appeal a crown court sentence but does anyone know if the same applies to a magistrates court? This is a shocking decision.
I'd like to know this too.
HeadPain · 15/03/2021 21:01

Yeh, she was walking home from work when it happened. She's worried he knows her route to/from work. "Since the assault, I have not been able to leave the house or work," the victim told police."I do not know if he knows my route to work. I am scared to walk anywhere."I will have to rely on my friends or family to drive me to work out of fear."

It's all so depressing and upsetting.

Definitely sounds like the attacker would've gone even further if she hadn't managed to activate her iPhone.

Whatever. He should've been jailed for his actions. So depressing.

OP posts:
persistentwoman · 15/03/2021 21:00

I know members of the public can appeal a crown court sentence but does anyone know if the same applies to a magistrates court? This is a shocking decision.

JosieJarker · 15/03/2021 21:00

Absolutely disgraceful.
What is the bloody point.
Im the sole earner in my family, I take it that means I can go about doing whatever the hell I like to people.
And his poor victim cant work.
Dont suppose anybody worried about her earnings.
Just disgraceful.

BenoneBeauty · 15/03/2021 20:55

Absolutely disgusting sentence. Shame on the judge.

Toseland · 15/03/2021 20:53

He’s only on the sex offenders register for 7 years? Why not for life?

Deadringer · 15/03/2021 20:46

Surely he will lose his job because he is a sexual predator, whether he is inprisioned or not? That is just disgraceful, that poor girl.

HeadPain · 15/03/2021 20:46

@Waitwhat23

That 'late at night' comment is bothering me. It smacks of victim blaming. It shouldn't matter if its 3pm or 3am! 9pm isn't even particularly late ffs.
True.
OP posts:
mummylondon16 · 15/03/2021 20:45

i worked with victims of this type of crime until recently. after 20 years practicing law and also myself being on a jury of historic sex abuse, the following have be one very clear to me:

  • victims need legal advocacy in line with the free advice and advocacy given to suspects/defendants- only a legal advocate or solicitor can truly represent the victims rights at court, CPS do not represent the victim, they represent the crown in legal terms and often they do things that are not in victims best interest for reason of costs etc ( for example accepting a lesser charge of manslaughter rather than murder or assault rather than attempt murder)
  • sex offences, DA and child abuse should be dealt with by a panel of experts not juries
  • the current situation regarding rape means rape is effectively decriminalised and the something needs to change. as i saw it in my work with victims CPS and police tend not to press ahead because they had too much work and not enough resources, and they knew first hand juries tend not to find guilty in rape cases. the funding of a new system where panes decide murder rape and sexual abuse cases and new sentencing rules may change the culture of victim blaming and soft sentences. these measures should be brought in as well as legal aid for victims ( or families in murder cases)
this will hopefully go some way to level the playing field and being justice where currently there is NONE
WhoWants2Know · 15/03/2021 20:45

Surely having been named in the paper admitting sexual assault, he won't be able to keep his job anyway?

Who would order from a business who knowingly employs a sex offender, especially doing deliveries?

Essentially he's going to be unemployed, unemployable, and not in jail.