A man who kidnapped and orally raped a teenage student has been jailed for six years by the Central Criminal Court. "If you were an Irish man, or resident here, you would have been jailed for 10 years," Mr Justice Barr told Sid Ahmed Benflici.
He said a jail sentence in an Irish prison would be difficult and a particularly alien environment for a foreigner. Benflici (26), an Algerian asylum-seeker with an address in Bray, Co Wicklow, was convicted in May of false imprisonment, oral rape and aggravated sexual assault of a 19-year-old woman on April 18th, 2000, at Richmond Hill, Rathmines, Dublin.
Garda Jim Donegan told Mr Justice Barr that Benflici's application for asylum was denied by immigration authorities in January 2000 and his present status was under appeal.
Garda Donegan said Benflici had been working as a waiter in a restaurant in Blackrock, Co Dublin. He had used a false name and forged documentation to secure the job. He had previously served three months for common assault on a woman last October. He had posed as a hackney driver to pick her up on Nassau Street before driving to Blanchardstown, where he assaulted her.
Mr Eamon Leahy SC, prosecuting, told the court the victim was still "very upset". The victim impact report also showed she had developed a distrust towards foreign nationals in Ireland as a consequence.
Mr Erwan Mill Arden SC, defending, asked Mr Justice Barr to consider a psychiatric report which revealed that Benflici was a man "not without his problems", which would be exacerbated by the inevitable effects of foreign nationals serving time in domestic prisons.
Mr Justice Barr noted that the woman, who was a third-level student at the time, had undergone a lot of trauma as a result of the incident, and it was likely to remain an unpleasant memory for her for a long time. He hoped she would be able to get on with her life.