Health Care Assistant sentenced to five years imprisonment after raping a patient under his care

Theophilus Ekudayo, 55 years old, was sentenced to five years imprisonment on 4 July 2023 at Kingston Crown Court after pleading guilty to sexual activity with a person with mental disorder impeding choice and possession of false identification document.

Ekudayo was working as a Health Care Assistant at Rose Ward St Mary’s Hospital for patients with mental health issues.

On 27 February 2023, a colleague of Ekudayo witnessed him having sexual intercourse with the patient under his care. The victim did not have the capacity to consent to sexual activity due to the extent of her mental health issues. She was unable to provide a statement to the police.

The police arrived at the hospital and it was discovered that Ekudayo was in possession of a number of identity documents not in his name.

Ekudayo admitted that he had not been allowed to work in the UK since 2010, but has since been working in hospitals with false identification documents.

Momata Matin, Senior Crown Prosecutor from the CPS said: “Theophilus Ekudayo’s actions are disturbing given his role as a Health Care Assistant supervising vulnerable patients with mental health issues.

This conviction sends a clear message that the CPS will work to bring to justice those who sexually abuse others and help to stop the devastating impact of these crimes on victims.”

The case is an example of the way prosecutors and police are increasingly working closely together in a new approach to rape cases which forms part of the CPS National Operating Model, due to be rolled out later this month.