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20-year-old who raped schoolmate gets jail, caning

A 20-year-old youth who raped his schoolmate while her then boyfriend held her down was on Sept 6 handed eight years’ jail and three strokes of the cane, following an appeal by the prosecution against his initial sentence of reformative training.

The rape took place on the floor of a public toilet in June 2020 when he was 16 years old, the girl 14, and the boyfriend 22.

In allowing the prosecution’s appeal, the Court of Appeal noted that ordinarily, when a 16-year-old rapes a 14-year-old, the court may still consider a rehabilitative sentence on account of his age.

“But the accused was no ordinary 16-year-old,” said the court, which comprised Justice Tay Yong Kwang, Justice Steven Chong and Justice Debbie Ong.

The court said his string of offences and complete disregard for the law showed that rehabilitation was not the best option here.

Between 13 and 16 years old, the accused stole bicycles, personal mobility devices and batteries for such devices. After he was charged with more than 20 counts of thefts and released on bail on June 11, 2020, he was arrested again for stealing.

On June 22, 2020, he was released on a higher bail amount, and warned that bail would no longer be offered if he commited fresh offences. Undeterred, he committed the rape shortly after his second arrest.

The victim was his schoolmate and the best friend of his girlfriend.

On June 27, 2020, the victim agreed to go drinking with her boyfriend, after he threatened to seek out other girls if she refused. The couple headed for Admiralty Park with a bottle of whisky and set up a live stream of their drinking session at a playground.

The accused chanced upon the live stream and joined them at the park.

After the victim threw up and lay on the ground, the youth and the girl’s boyfriend carried her to a toilet for the handicapped.

Her boyfriend took off her jacket and T-shirt, and the accused held the jacket over her face while the boyfriend carried out a sex act on her.

The boyfriend then held the victim down while the accused raped her.

After the assault, she asked her boyfriend why he did not save her. In response, he blamed her for having sex with the accused, and they ended up quarrelling.

The victim eventually broke up with her boyfriend in September 2020.

The rape came to light only on Feb 17, 2021, when the victim told her teacher about the assault.

The youth pleaded guilty in the High Court to a charge of rape on Oct 17, 2023.

Although he was found suitable for reformative training, the prosecution pressed for a sentence of between eight and 10 years’ jail, and between six and eight strokes of the cane.

The High Court judge sentenced him to reformative training, saying that he did not think rehabilitation has been displaced as the main sentencing consideration in this case.

The prosecution then appealed, reiterating its sentencing position.

Deputy Public Prosecutor Yvonne Poon argued that the accused lacked remorse by asserting that the victim looked like she was enjoying the sexual act.

Defence counsel Mato Kotwani said his client does not blame the victim. The lawyer suggested not more than seven-and-a-half years’ jail and four strokes of the cane if the court decided to set aside the reformative training stint.

The girl’s ex-boyfriend, who faces charges over abetting the rape and sexual assault, is being dealt with separately.

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