A FOREIGN rapist who said he did not know having sex with a sleeping woman was wrong cannot be deported — because he is bisexual.
The 41-year-old man would be targeted by violent gangs due to his sexuality if he were returned to his native Jamaica, a specialist tribunal was told.
The brute, who was also granted anonymity for his own protection, was sentenced to seven years in jail in 2018 for the rape at a party.
He was released in June 2021 after serving half — and was then handed a deportation order.
The Home Office branded him a “danger to the community” who should be sent home under the 2002 Asylum Act.
But that decision was challenged by the migrant, who was brought to the UK in 2001 by a relative after being the victim of several attacks in Jamaica due to his sexuality.
The man — referred to as AA — told the tribunal thugs attacked him with a “metal bar, machete and dogs”.
And an older man he was in a relationship with was later killed for being gay, it was said.
An expert told the tribunal AA would be a “targeted hit” if returned.
However, the Home Office insisted it could only find evidence of AA being in relationships with women since he came to the UK aged 18.
Judge Mulready ruled the rapist had showed “significant evidence of positive rehabilitation” and he was “incentivised not to re-offend by the threat of return to prison”.
She said even if she ruled he was still dangerous, he would be allowed to stay on the basis of his sexuality.
An application to appeal the decision was rejected in November.
Former security minister Sir John Hayes said: “This is an insult to every victim.
“This man should be thrown out of the country.”
The Home Office said: “We made the case to deport this individual and lost in the courts.”
GettyForeign rapist cannot be deported because he is bisexual[/caption] Published: [#item_custom_pubDate]
