Man jailed for raping and sexually assaulting two students

23/06/2017

A 26-year-old man has today been jailed at Birmingham Crown Court to 22 years after he found guilty of raping a woman and sexually assaulting another while the victims slept in their private student halls of residence in Wolverhampton as well as being found guilty of entering a third flat occupied by a female student with intent to commit a sexual offence.

A jury at heard that between 5am and 7am on 1 October 2016, Akiel Flemming entered three self-contained flats in the halls of residence and walked in unannounced and uninvited into the bedrooms of two female students, got into bed with them and raped one of the women and the sexually assaulted the other.

The defendant also attempted to enter a third bedroom but when he realised that the victim was not alone, he left the flat.

Following the attacks, the victims found a bank card and a passport belonging to Flemming in their flats and they reported the attacks to the police and the defendant was arrested the same day.

The defendant was arrested the same day of the attacks. He was charged with and found guilty of rape, sexual assault,  and trespass with intent to commit a sexual offence.

Claire Nicholls, District Crown Prosecutor with the West Midlands Crown Prosecution Service's Rape and Serious Sexual Offences Unit, said:

"Throughout this prosecution,  Akiel Flemming has maintained his stance that consent was given by his victims. However, this was not the case, his victims did not know him and were asleep and therefore unable to give their consent.

"The law is clear  that if a person does not consent to sexual activity, and the other person does not reasonably believe they are consenting but persists in engaging in sexual activity with them,  then they are committing a sexual  offence. If a person is asleep, the starting point is that they are not in a position to give consent and it will be difficult for anyone engaging in sexual activity with them to assert that they reasonably believed that person  consented to sex. 

"The position is the same for people who cannot give their informed consent to sexual activity because they are incapable because of  severe intoxication through drink or drugs, or they are too young to give consent or they have been just been subjected to unlawful force or they have a mental disability."