"she was incapable of giving or withholding consent."
Taxi driver Anwar Chowdhury, aged 41, of Inverness, Scotland, was jailed for six years for raping a drunk passenger.
The Aberdeen High Court heard that the victim, aged in her early 30s, had been on a night out with friends on August 5, 2018.
Chowdhury drove the woman from a taxi rank to an isolated road near Culloden Battlefield.
He then had sex with the woman in the back of his Volkswagen Sharan taxi while she was too drunk to consent.
It was heard that Chowdhury later called a member of her family to try and persuade the victim to withdraw her complaint.
Following the ordeal, the woman has been left “with serious psychological effects” and Judge Lord Uist said she “suffered greatly”.
The father-of-one denied rape and attempt to pervert the course of justice but was convicted in November 2019.
Lord Uist said the taxi driver had “disgracefully breached the trust” that the woman had placed in him, then “ridiculously” claimed she had initiated it.
He told Chowdhury: “You were convicted of the rape of a female passenger in your taxi in a remote area outside Inverness in the early hours of the morning.
“She was so drunk at the time she was incapable of giving or withholding consent.
“A lone woman returning from a night out – particularly when they have had too much to drink – must be able to trust a taxi driver to take them home safely.
“You breached that trust in a disgraceful manner when you raped your passenger.”
“You denied your guilt at your trial and in the course of the ridiculous evidence that you gave maintained not only that she consented, but that she had initiated the sexual contact and that she was happy when she left your taxi at the end of her journey.”
Graham Robertson, defending, explained that his client, originally from Bangladesh, had brought “shame, dishonour and hurt” to his family.
He said: “He has let his family down and his community down, and there are consequences.”
Chowdhury has since “emotionally separated” from his wife and is suffering “extreme marital difficulties”.
Chowdhury, who only gained his taxi licence three months prior to the offence, showed no remorse as Lord Uist told him:
“The crimes of which you have been convicted require a significant custodial sentence.”
The Daily Record reported that Chowdhury was jailed for six years. He was also placed on the sex offenders’ register for life and his taxi licence was revoked.
After sentencing, Detective Inspector Diane Smith said:
“Anwar Chowdhury abused a position of trust and responsibility to take advantage of a vulnerable woman for his own gratification when she was not in a position to give consent.
“His behaviour has been deplorable. His conviction is a testament to her bravery throughout the police investigation and subsequent legal process.
“Sexual offending is unacceptable and tackling crime of this nature is a priority for Police Scotland, both nationally and locally in the Highlands and Islands.
“Put simply, sex without consent is rape and we work closely with a range of partners to support and seek justice for victims while taking action against perpetrators.”
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