A Syrian refugee who sexually assaulted a teenage girl has been jailed for almost three years after a judge rejected his claims that sending him to prison could breach his human rights.
Hassan Abou Hayleh, 40, attacked a 19-year-old girl after finding her sitting alone on a kerb in Weymouth, Dorset, as she waited for her father to give her a lift home.
The predator had been prowling around the streets in his car in the early hours of December 18 2022 before he molested the teenager.
He then tried to bundle her into his car – where a packet of condoms were found – until members of the public intervened.
Judge Robert Pawson said he ‘shuddered to think what might have happened’ had they not done so.
He jailed the married father-of-four for two years and 10 months. Hayleh was also handed a Sexual Harm Prevention Order for six years.
Bournemouth Crown Court heard Hayleh sought asylum in the UK in 2018 after fleeing Syria.
He suffered from PTSD after being held in prison there and was tortured under the regime of former president Bashar al-Assad.
The Syrian refugee was granted leave to remain in the UK and settled in Weymouth with his wife who supported him in court.
Hassan Abou Hayleh (left), 40, attacked a 19-year-old girl after finding her sitting alone on a kerb in Weymouth, Dorset, as she waited for her father to give her a lift home. He was supported by his wife (right) in court
His defence counsel Graham Gilbert sought to claim that sending him to prison could violate his human rights.
Mr Gilbert argued: ‘The prison time had a severe and irreplaceable effect on his mental health.
‘Further imprisonment would trigger his PTSD. It is a severe and chronic illness and imprisonment would amount to a violation of his human rights.’
But Judge Pawson dismissed the arguments and described Hayleh’s actions as ‘chilling’.
The court heard that during the early hours of December 18, 2022, Hayleh drove into Weymouth town centre with a packet of condoms in his car.
He did three laps of the town, later claiming he was looking to buy cigarettes when in fact he was targeting his victim.
At 3.25am he spotted the teenager who had just left a nightclub and had called her dad to pick her up.
CCTV captured Hayleh stopping and approaching the young woman before helping her up from the ground.
He then placed his hands down her trousers and inside her underwear before asking her to get inside the car.
Hassan Abou Hayleh (right) leaving Bournemouth Crown Court during his trial
During the early hours of December 18, 2022, Hayleh drove into Weymouth town centre with a packet of condoms in his car and sexually assaulted the girl on Maiden Street (pictured)
She refused and shouted for help at three people who were walking nearby.
The victim’s father arrived shortly after, just as Hayleh drove off.
Hayleh was found guilty of sexual assault following a trial last November
In her victim impact statement read out in court, the the young woman, who cannot be identified, said: ‘It is hard not to think about how I could have been raped or murdered if I had not said no.
‘I know it was not personal and I was just unlucky. I now have nightmares with a faceless man which makes me feel entrapped.
‘I am sympathetic for his PTSD but I have now had to seek help for the issues. It has affected my school life, work life and home life.’
Hayleh appeared in court with three members of his family, including his wife. He required an Arabic interpreter for the proceedings.
Mr Gilbert said since he was found guilty his client had been spat at and his property damaged.
He said Hayleh has no previous convictions and had expressed remorse.
Mr Gilbert added: ‘His fear of custody is likely to ensure that he remains on the right side of the law. An appropriate punishment would be one that allows rehabilitation.
‘The prison state is struggling with the numbers that they are being asked to hold. There is nothing within the services of the prison estate that could treat him.
‘This is why I think a suspended sentence should be used in this case.’
But Judge Pawson concluded: ‘The facts of this case are chilling. It is absolutely clear that this offence was planned.
‘The CCTV evidence reveals that he made three circuits of Weymouth that night. The condoms in his car were not there by accident.
‘He eventually found his victim who had been significantly affected by alcohol.
‘She was particularly vulnerable.
‘If ever there was a cautionary tale for young people to stay together then this is it.
‘I would like to thank the young men and women who stayed and helped her. They saved the day.’
Hayleh was jailed for 2 years and 10 months on Friday, with the judge also imposing a six-month Sexual Harm Prevention Order.
