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Man accused of raping 23-year-old daughter wants charge amended to incest, claims she initiated sex

Man accused of raping 23-year-old daughter wants charge amended to incest, claims she initiated sex

Source: TODAY
Article Date: 19 Nov 2019
Author: Low Youjin

The 52-year-old man, whose identity cannot be disclosed to protect the identity of the alleged victim, is seeking to have rape charge amended to incest.

A 52-year-old man who is standing trial in the High Court for allegedly raping his biological daughter when she was aged 23 is seeking to have the rape charge amended to one of incest, as he claims the acts were consensual.

The man, who cannot be named to protect the identity of the victim, also faces other charges of molesting, criminally intimidating and causing hurt to the woman, who is now 27 years old.

While he admits to having sex with the victim twice, the man denies allegations that he had held a penknife to her neck and forced her to perform a sex act on him without her consent, said his defence lawyer Lau Wen Jin.

Taking the stand for the first time on Monday (Nov 18), the man told the court in Tamil that he and the victim had a very “loving relationship”, though it was one that was fraught with difficulties that arose from her "drug and alcohol abuse".

Examined by Mr Lau, who was appointed to his client through the Criminal Legal Aid Scheme, the man described his relationship with the victim – who is his eldest daughter – as one that was open, where the two of them could share anything with each other.

“She will sayang (Malay for love) me a lot,” he said through a translator. “She will place her hand on top of my head, kiss me on my cheeks and also massage me.”

He added that he has never hit her. “I was very loving towards her. Even if she scolds me, I just gave in. I was that sort of person.”

'DAUGHTER WAS TAKING DRUGS'

The man told the court that he would often give the victim, who was unemployed, money for her daily needs – though he claims that she would often use this money to buy drugs instead.

The man added that he did not want to report this to the police as he was afraid of losing a place to live.

He explained that after he was released from serving a prison sentence for burglary in 2014, he did not have a home to return to, so his daughter told him that he could stay with her and her mother at their flat near Sembawang. It is unclear if the man and the victim’s mother were still married at that point of time.

The man said that he eventually started purchasing “Ice”, the street name for crystal methamphetamine, from the victim’s dealer. He thought that if he threatened to start taking drugs as well, she would stop.

But this did not deter his daughter from continuing to take drugs, the man said. According to him, she reported him to the police instead as she was angry that he had been chastising her and her friends for abusing drugs.

'DAUGHTER BEGGED HIM TO STAY'

In 2016, after he was released from the drug rehabilitation centre, he said he wanted to collect his belongings from the flat near Sembawang and find some other place to live.

However, he said his daughter begged him to stay. “She said: ‘Father, please forgive me’ and she hugged me,” the man said.

He claimed that his daughter even held on to his leg and told him not to go. He relented and stayed.

The man said that his daughter had a drinking problem; she was drinking about seven or eight cans of beer daily with her friends.

But according to him, he managed to persuade his daughter to stop drinking with her friends, but she agreed to do so only on the condition that he continued to buy alcohol for her to drink at home.

He bought liquor as he does not drink beer and they wanted to drink together. The man said they would have two or three bottles a day.

'DAUGHTER INITIATED SEXUAL ACTS'

Describing the first time he had sex with his daughter in the wee hours of March 25, 2016, the man said that he and his daughter were both drunk at the time. He claimed that she had started feeling aroused and initiated sexual acts with him.

“I stopped her at the beginning itself… I said we should not be doing such a thing," he said. 

He added that his daughter told him that she could not control herself. As there was no one else at home, he claims that his daughter told him to “do it and make her happy”. The victim’s mother had left the flat three days earlier, on March 22, to stay with the victim’s brother.

The man said that the entire incident bothered him.

“I had made a mistake. Both of us had sex,” he said. “She can forget… about the incident, but I cannot… It keeps making me feel guilty. I am not able to eat or sleep.”

If convicted of aggravated rape, the man faces up to 20 years’ jail. While the offence also carries a mandatory minimum of 12 strokes of the cane, he cannot be caned by law as he is above 50 years old.

The trial continues on Tuesday before Justice Hoo Sheau Peng. It is expected to conclude on Wednesday.

Copyright 2019 MediaCorp Pte Ltd | All Rights Reserved

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