AN asylum seeker who claims he was a deserter from the Congolese army has been jailed for five years after he raped a teenage girl at his Huddersfield home.
Bradford Crown Court heard that 34-year-old Guy Kapalay and his wife have already been refused asylum following an appeal. But Judge Roger Scott was told that a further appeal was still outstanding.
The father-of-two, who came to the UK in 2001, was found guilty by a jury in May of raping and indecently assaulting the 17-year-old virgin after he invited her back to his house in Primrose Hill on the pretext of listening to African music.
Judge Scott told Kapalay: "She came home with you on a pretext and shortly after arriving in your home you began to visit upon her unwanted attention, namely the stroking of her leg.
"You had the opportunity then to stop, but in my view this was a planned matter and you had no intention of stopping.
"Despite her entreaties that she was a virgin you maintained your sexual assault.
"In the course of your evidence it seemed to me that you had a certain arrogance and certainly you did not view yourself as having done anything wrong at all."
Kapalay, of Lawton Street, had denied carrying out the attack a year ago.
Prosecutor David Kelly confirmed that while in Armley Prison in Leeds Kapalay had been served with a notice indicating that he was at risk of being deported.
Kapalay's barrister Martin Robertshaw persuaded Judge Scott not to make any recommendation for deportation on the basis that an appeal hearing was still to be heard.
Judge Scott told Kapalay: "Although this offence is serious it does not mean I have to make an order for deportation.
"I have no idea as to the truth of the basis of your application, that you were a 2nd lieutenant in the Congolese Army and deserted, but it seems to me looking at it fairly from the viewpoint of the whole of your family that I will not in these circumstances make a recommendation to the Home Secretary for your deportation.
"However you should not regard that as being in any way favourable to you for the purposes of your asylum application."
Kapalay will have to register as a sex offender after his release from prison.
His licence period after release was extended for a further three years.