A rapist with HIV who brutally attacked a young woman in a city centre street has been warned he faces a long jail sentence.
Eddy Biharanduka, 38, showed no emotion as he was convicted of the horrific rape by a jury at Lewes Crown Court - despite it being the second time he has been found guilty of the crime.
Biharanduka, who was diagnosed as HIV positive six years ago, was first found guilty of the rape in a Brighton back street at a trial at the same court in March last year when he was sentenced to 11 years in prison.
But the Burundi national successfully appealed against the conviction on the grounds it was unfair the jury had been told he was HIV because forcing the victim to have unprotected sex when he knew he had the virus appeared to aggravate the offence.
His conviction was quashed and a new trial was ordered, which took place last week.
Yesterday the jury of seven women and five men returned a unanimous guilty verdict.
Judge David Rennie adjourned sentence until today. He told Biharanduka: "Only a very long sentence can be justified for a rape of this sort."
After the verdict, the victim's tearful father told The Argus: "It is a great result - it is the result she deserved."
The father, who struggled to hold back his emotions, said his daughter was a strong woman and was determined she was not going to be broken by the rape. He said she had moved out of her flat, which was near the attack, but was still in the same relationship she had at the time of the assault.
He praised the police for the help they had given his daughter. He said: "I would like to thank the police for what they have done. They have been a great support."
The 21-year-old victim, a barmaid, did not contract the disease during the rape.
She told the jury she feared she was going to die during the brutal assault which she estimated lasted nearly an hour.
The woman was walking home alone in the early hours of April 2 2005 after spending the evening with friends at the Creation nightclub, in West Street, and was only a few minutes from her flat when she was grabbed by Biharanduka and dragged into Stone Street, off Western Road, where she was pulled into the doorway at the back of a shop.
She told the court the first time she had met Biharanduka was moments earlier when she passed him as he chatted to some people at a bus stop in Churchill Square. She asked him for one of the luminous plastic necklaces he was wearing. Biharanduka let her take a necklace, which are popular with clubbers.
He asked for her telephone number which she refused to give and started to walk away. But she said he followed her and grabbed hold of her as she walked down a side street off Western Road.
The terrified woman tried to scream for help and struggle free, but her attacker put his hand over her mouth and threatened to kill her if she did not do as he ordered.
During the attack her face was severely grazed against a wall and the ground and she was left bruised on her face and body.
She said: "I cannot remember how long it went on for but for me it was a lifetime."
Her ordeal only ended when two men working as delivery drivers passed by and suspected she was in trouble. Biharanduka told her rescuers: "It's a boyfriend and girlfriend thing, it's none of your business."
But Theo Cronin, 27, a journalist, and Alistair Endean, 31, a student, refused to back off and the woman took the chance to get up and run towards them where she broke down and told them she had been raped. They led her to safety at a friend's home nearby and then returned to watch Biharanduka until the police arrived.
Mr Cronin and Mr Endean were commended for their bravery at a ceremony at the city's police station in August last year.
During cross-examination the victim denied she lied about being raped because she was embarrassed at being caught having sex in the street by her rescuers.
She also denied consenting to having sex with a stranger late at night.
Biharanduka, of Oriental Place, Brighton, who denied rape, claimed his victim had happily had sex with him and they both had fun.
He said: "I was doing what she asked me to do. She wanted me to have sex with her on the floor. In my mind we were both having fun."
After the hearing the police praised the bravery of the victim for having to attend court twice to give evidence.
DCI Ian Pollard, of Sussex Police, said: "This particular case has appeared at crown court for trial on two occasions. The victim has given her evidence twice and been cross-examined twice. She has remained determined to see Eddy Biharanduka convicted for the horrific and frightening ordeal he put her though two years ago.
"I am pleased with the verdict and as well as paying tribute to the victim, I hope she can now begin to get on with her life and somehow put this awful ordeal behind her.
"I would also like to take this opportunity to thank the quick-minded members of public who intervened on that night. They ensured that Biharanduka did not flee the scene before the police arrived."
Biharanduka was accused of a violent rape four years ago but the case was dropped after the alleged victim was repatriated to Uganda by the immigration authorities before the case came to trial.
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