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Attempted rape, sexual violation by fellatio, obtaining money by deception and attempting to obtain money by deception in July 2004
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none known
Born 1970
Unknown
Sentenced to 6 years 6 months in September 2005
Background
From THE PRESS 30th September 2005
An Iranian refugee who cheated his Chinese flatmate out of money and then tried to rape her has been jailed for six and a half years. Moshen Aghabiggi was found guilty this month of attempted rape, sexual violation by unlawful sexual connection, obtaining money by deception and attempting to obtain money by deception. He
was jailed yesterday by Christchurch District Court Judge Phil Moran.
He said the events began in July 2004 when a 29-year-old Hong Kong- born student moved in as Aghabiggi's flatmate. Aghabiggi, 35, made out he had a government friend who could help her get permanent residency if she paid him $20,000. Her parents came up with the money, but then he said he needed more, so she obtained a further $15,000. Soon after, while watching a video at home, he asked her to perform oral sex. She did not want to, but felt compelled. Then he tried to have sex with her against her protests, but finally desisted.
Aghabiggi came close to raping the victim, the judge said. "You persisted in spite of the fact she was protesting and in spite of the fact she was crying." She was a young, vulnerable, naive woman, fearful of potential violence and afraid of losing all her money if she did not comply. "This experience has had a very bad effect on her. She feels humiliated, disgusted and ashamed and feels all the worse she lied to her parents to get the extra $15,000," the judge said. "You preyed on her and practised on her an elaborate deception. There seemed to be no end to your greed."
Lawyer Tony Greig said Aghabiggi came from a traumatic background in Iran. His Muslim culture was relevant, since a different attitude to women existed in Islamic countries. The judge accepted Aghabiggi's personal circumstances were unhappy. He had suffered a shrapnel wound in the Iran-Iraq war that gave him pain, had no family in New Zealand and suffered depression. But he had no insight into his offending, continuing to protest his innocence. Nothing could be said in mitigation for the attempted rape. The judge said Aghabiggi was found with $US13,600 ($NZ19,630), which he would direct police to pay to the complainant, but it would be a "lost cause" to order further reparation.