Kian Westcarr 21

Description

A 21-year-old man who raped a woman as she slept has been jailed for nine years after a jury unanimously found him guilty following a trial.

Kian Westcarr was jailed on Friday 24 October at Gloucester Crown Court for one count of rape, which he committed in 2022.

During a trial in August this year, the jury was told that the victim woke up to Westcarr raping her.

She reported the incident to Gloucestershire Police and officers arrested him that day. 

During police interview Westcarr, of Evenlode Road in Tuffley, Gloucester said that the woman was awake and that they had had consensual sex.

Following an investigation by the Rape and Serious Sexual Offences team, the Crown Prosecution Service authorised a charge of rape.

Sentencing Westcarr, Mr Recorder Donald Tait said: "You took advantage of the victim. She thought she was safe [with you], she obviously was not."

A statement written by the victim was read to the court in which she described how she had made two attempts to end her life after Westcarr raped her.

She added:

"I cannot remember some parts of the days immediately after the assault. My brain has blocked them out, perhaps to protect me. But the emotions remain: fear; grief; anger; and a deep sense of being robbed of who I used to be.

"This crime has taken so much from me: my trust; my peace of mind; my sense of safety in the world. It has coloured every decision, every relationship, every plan for the future. It has affected my education, my friendships and my mental health.

"I am trying to rebuild my life. Coming to court and seeing the process through has given me a small amount of hope that justice can help me move forward. But I know I will never be completely free of what happened. The memories and the scars, both physical and emotional, will always be part of me.

"I hope that the sentence given reflects not only the seriousness of what was done to me, but also the lifelong impact it has had. I want to be able to move forward, to regain my confidence, and to learn to trust again. More than anything, I want to live without the constant shadow of this crime hanging over me."

In mitigation Westcarr's defence barrister said that Westcarr was a polite and respectful young man with potential, and that he had made a decision that was entirely wrong and one he will very much regret. 

In sentencing Westcarr to nine years in prison, Recorder Tait said:

"You have no previous convictions, had a job and were well thought of. I agree that before you did this you were of positive good character, but I have a public duty to perform.

"Bearing in mind the messages you sent afterwards, you chose to fight the case and the victim had to give evidence and go through the ordeal of the trial.

"If you had accepted responsibility she would not have had to have done that. You get no credit for admissions, despite admitting it to her afterwards.

"Only a significant sentence is appropriate due to the effect this has had on the victim."

Investigating officer Detective Constable Laura Davies said:

"The victim in this case has carried herself with incredible courage and dignity throughout the investigation and trial process, and I would like to thank her for her bravery in reporting what Westcarr did to her.

"He has refused to accept responsibility for his actions and has shown no remorse.

"The victim has shown great determination during a lengthy process despite the devastating effect Westcarr's actions had on her. Her unwavering commitment has resulted in him receiving a lengthy custodial sentence.

"Our Rape and Serious Sexual Offences team are committed to investigating these horrendous crimes and bringing offenders to justice. I hope this result and sentence will encourage other victims who have been subjected to sexual abuse and violence to come forward."