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Man, 54, sexually assaulted daughter since she was 9, victim shamed her in court


Huat Zai

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A 54-year-old man repeatedly molested his daughter over the course of six years, starting when she was nine years old.

In court, he blamed his daughter for his crimes, portraying her as promiscuous and claimed that she was already sexually active with other men at that age.

These claims, however, were unsupported.

He also assembled a panel of witnesses that included the victim's own mother and brother to testify against her.

Deputy Public Prosecutor Lim Ying Min classified the man's actions as victim shaming.

DPP Lim stated that the man had assembled a panel of witnesses to testify that the witness was promiscuous, despite the fact that whether or not the victim was sexually active was wholly irrelevant during the trial.

DPP Lim further submitted that it was perverse for the man to rely on the victim’s conduct as the reason the victim engaged in sexual behaviour at a young age, which was due to the accused's abuse.

District Judge Shaiffudin Saruwan remarked that it would have been clear to the defence that the reason for the victim’s promiscuity was her father, and went on to agree that the man had indeed been victim-shaming during the trial.

He also agreed with the prosecution that there should be an uplift in sentence.

The accused, 54, cannot be named due to a gag order to protect the victim’s identity.

He was sentenced to four years, 10 months and four weeks’ jail on Thursday, Dec. 16, after he was convicted of five molestation charges.

 

Four aggravating factors

In sentencing submissions seen by Mothership, it was stated that the man felt emboldened by his daughter's silence, and repeatedly molested her to satisfy his sexual gratification over several years, from December 2011 to December 2017.

According to court documents, the man had repeatedly performed acts such as touching the girl's private areas, groping her chest and kissing her on the lips.

He would execute these acts while the victim was asleep. She would wake up to ticklish sensations, and open her eyes to see her father on her bed, touching her inappropriately.

In fear, she would pretend to sleep through the ordeal or kick in her sleep. She would also sleep with clenched fists and with the light on.

On some nights, she would stay awake for the entire night, and would only go to sleep once she knew that her father had gone to work.

She was unable to lock the door, as her parents would scold her.

The victim suffered in silence alone. She wrestled with anguish and shame as she thought that no one would believe her if she reported the incident.

She eventually confided in her then boyfriend, who brought the abuse to light.

DPP Lim also stated that there were four offence-specific aggravating factors to the case.

Firstly, the man demonstrated a significant abuse of trust and position. As the victim's father, he tainted the father-daughter relationship with his own perversion and sexual desire.

The daughter also explained that because the perpetrator was her father, she was reluctant to report the abuse to the authorities in as the man "was still her father after all".

She desperately wanted to forgive him despite her misgivings.

The charges also took place in the sanctity of the victim's home, where she is entitled to feel safe and seek refuge.

Secondly, there was a significant degree of premeditation in regards to the offences, as the man had abused the victim over a long period of time.

 

Thirdly, the man did these sexual acts on the victim who was marginally younger than the stipulated age ceiling. The victim was between ages nine and 10 when the offences took place.

She lacked the maturity to comprehend the wrongfulness of the accused’s sexual transgressions and was especially susceptible to the accused’s authority as a trusted and familiar adult figure in the family home.

Lastly, the charges had significant impact on the victim's psychological health.

She was admitted to the Institute of Mental Health for self-harm and risk of suicide triggered by guilt over reporting the case to the authorities.

She was also diagnosed with post-traumatic stress disorder (PSTD) and adjustment disorder by a psychiatrist.

 

Prosecution: man's conduct at trial was appalling

The prosecution stated that the man showed a complete lack of remorse throughout investigations and the trial.

The man's wife and son also supported the man's testimony, but court documents explained that their accounts were inconsistent.

When responding to questions, the father, mother and son were all evasive in answering, and often provided contradictory statements which they would backtrack upon.

In contrast, the victim was able to deliver her statement candidly and compellingly, and exhibited behaviour in-line with being a victim of sexual assault.

DPP Lim urged the court to sentence the man to between 4.5 years and five years and five months in jail, and an additional one month’s jail in lieu of caning as offenders over 50 years old cannot be caned.

"No child should be exploited in such a manner, particularly by the very ones they trust and look to for love and protection," the prosecution stated.

The Straits Times reported that the man, who was represented by lawyer Wee Hong Shern, intends to appeal against his conviction and sentence.

His bail has been set at S$20,000.

 

https://mothership.sg/2022/12/father-molest-daughter-victim-shame/

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