http://straitstimes.asia1.com.sg/Breaking+News/Courts+and+Crime/Story/STIStory_268028.html
Rape charge reduced for man
<TABLE cellSpacing=0 cellPadding=0 width="100%" border=0><TBODY><TR><TD class="padlrt8 georgia11 darkgrey bold" colSpan=2>By Selina Lum
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In clearing the man of rape, Justice Choo Han Teck (left) pointed to the inconsistent testimony of the girl, as well as that of three passers-by who detained the accused and called the police. -- ALPHONSO CHAN/THE STRAITS TIMES FILE
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A 47-YEAR-OLD man accused of raping a mentally retarded teenage girl in broad daylight has been acquitted after a High Court trial, and instead, was convicted on a lesser charge of having sex with a minor.
In clearing the man of rape, Justice Choo Han Teck pointed to the inconsistent testimony of the girl, as well as that of three passers-by who detained the accused and called the police.
Despite the inconsistencies, the judge was satisfied that the prosecution has proved its case - that the man had sexual intercourse with the teen.
'Rape, howevever, is committed only when there was an absence of consent,' Justice Choo said in his written judgment. 'Consent is a positive act of the will, which in turn, implies consciousness.'
He said it is possible that a girl with a low IQ may not have the requisite will to give consent.
However, there was not enough evidence to persuade the judge to infer that she was incapable of giving such consent.
The accused, who would have faced up to 20 years' jail and caning if convicted of rape, is now looking at up to five years' jail and a fine of up to $10,000.
He has been remanded and is expected to be sentenced on Aug19.
Rape charge reduced for man
<TABLE cellSpacing=0 cellPadding=0 width="100%" border=0><TBODY><TR><TD class="padlrt8 georgia11 darkgrey bold" colSpan=2>By Selina Lum
</TD></TR><!-- show image if available --><TR vAlign=bottom><TD width=330>
</TD><TD width=10>
In clearing the man of rape, Justice Choo Han Teck (left) pointed to the inconsistent testimony of the girl, as well as that of three passers-by who detained the accused and called the police. -- ALPHONSO CHAN/THE STRAITS TIMES FILE
</TD></TR></TBODY></TABLE>
A 47-YEAR-OLD man accused of raping a mentally retarded teenage girl in broad daylight has been acquitted after a High Court trial, and instead, was convicted on a lesser charge of having sex with a minor.
In clearing the man of rape, Justice Choo Han Teck pointed to the inconsistent testimony of the girl, as well as that of three passers-by who detained the accused and called the police.
Despite the inconsistencies, the judge was satisfied that the prosecution has proved its case - that the man had sexual intercourse with the teen.
'Rape, howevever, is committed only when there was an absence of consent,' Justice Choo said in his written judgment. 'Consent is a positive act of the will, which in turn, implies consciousness.'
He said it is possible that a girl with a low IQ may not have the requisite will to give consent.
However, there was not enough evidence to persuade the judge to infer that she was incapable of giving such consent.
The accused, who would have faced up to 20 years' jail and caning if convicted of rape, is now looking at up to five years' jail and a fine of up to $10,000.
He has been remanded and is expected to be sentenced on Aug19.
