York man has sentenced doubled after attacking "defenceless" women
WARNING: Some readers may find the content of this article distressing.
Last updated 15th Apr 2021
A man from York has had his prison sentence more than doubled, for attacks on two "defenceless" women.
Dariush Behdarvandi-Aidi, of Frances Street, sexually assaulted the women, while they were asleep, in April and December 2017.
The 34-year-old was found guilty of two counts of rape and one of sexual assault, and was sentenced to six years and ten months behind bars in November 2020, at Leeds Crown Court.
Court of Appeal judges have now increased his sentence to 14 years, under the unduly lenient sentence scheme.
The judges concluded the original sentence did not take enough account of the impact of the attacks on the victims, who can only be identified as AA and CC.
Lord Justice Holroyde told the court a witness described one of the victims as "out of it'' after drinking and using drugs in April 2017.
Joel Smith, for the Solicitor General, argued the sentencing judge failed to properly consider that the victims were particularly vulnerable at the time, which would have allowed for a higher sentence.
He told the court: "There is nothing wrong or improper with the courts thinking that offending against an individual who is unable to resist has a greater impact and inflicts greater harm.
"The victim is required to come to terms with offending that took place in circumstances where they were unable to remember or unable to resist.''
In the ruling, Lord Justice Holroyde said the repeated incidents and the fact both women were asleep or unconscious required an increased sentence.
He said: "In the circumstances, with all respect to the (sentencing) judge, the sentence imposed must be regarded as unduly lenient even if the offence was correctly categorised.
"However, we are satisfied they were not correctly categorised.''
"The first was preceded and significantly aggravated by a sexual assault. He was told to stop but nonetheless went on to rape his victim.
"AA was so severely affected by drink and drugs that she was unconscious and unaware of the sexual offences committed against her. She could hardly have been more vulnerable.
"CC was intoxicated with drink and drugs. She too was unaware of what was happening. She was defenceless.''
Quashing the original sentence, Lord Justice Holroyde said: "The offender has a total sentence of 14 years. He will serve two-thirds before he is released on licence.''