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A firefighter lured a female friend to his apartment to avoid corkage fees and raped her. The judge suspected the use of a date rape drug and sentenced him to 8.5 years in prison.
The firefighter invited the victim to a serviced apartment under the pretext of “cooking a meal.” After drinking white wine brought by the defendant, the woman felt dizzy and lost consciousness. It was suspected that she had been drugged with a colorless, odorless substance, 1,4-butanediol (BDO), a so-called “date rape drug.” However, no such substance was detected in her body.
Earlier, the jury found the defendant guilty of rape by a 6–1 majority. The High Court delivered the sentence today (30th). Deputy High Court Judge Kwok Tung-ming stated that the drug involved was highly likely a date rape drug. Although the defendant was not charged for drugging due to lack of evidence, he had brought a condom but did not use it, which was considered an aggravating factor.
The defendant also wrote a mitigation letter apologizing to colleagues and the public but made no mention of the victim, showing a lack of remorse. Considering deterrence and justice for the victim, the court sentenced him to 8.5 years in prison.
The defendant, Chan Kwan-chun (34, a firefighter at the time), was charged with one count of rape, alleged to have occurred between July 9 and 10, 2021, in a room on Castle Peak Road in the New Territories.
Defense and prosecution arguments
The defense stated that the defendant wrote two mitigation letters in prison and intended to improve himself. He claimed he did not know the wine had been spiked. The jury had asked questions about this, suggesting uncertainty about who administered the drug. The defense also argued that delays in prosecution caused psychological stress.
The prosecution responded that delays were due to the time needed for expert reports, as well as disruptions from social events and the pandemic. Work only returned to normal in 2023, with a backlog of cases and limited manpower.
Judge’s findings
The judge noted CCTV evidence and expert testimony indicating the victim was under the influence of drugs. The substance was likely BDO, though it could not be detected in her body.
The judge rejected the claim that the act was impulsive. He ruled it was premeditated. The defendant did not ask about using a condom, suggesting the victim was incapable of resisting. Despite bringing one, he did not use it, increasing the victim’s fear of pregnancy.
The judge also noted that while there was no established breach of trust, the victim had lowered her guard due to the defendant’s profession as a firefighter.
Impact on the victim
The victim developed post-traumatic stress disorder, which severely affected her social life and ability to form relationships. Support from family and professionals had limited effect, and psychological treatment was recommended.
Lack of remorse
The judge stated the defendant’s background and character references had limited weight given the seriousness of the crime. In his letters, the defendant apologized to family, friends, colleagues, and society, but not to the victim, who suffered the most.
Case details
The victim met the defendant in April 2021 through a friend. They had dinner together once and later stayed in contact through mobile games. On July 9, they met to watch a movie.
The defendant suggested going to a serviced apartment instead of a restaurant to avoid corkage fees, offering to cook and drink wine there. The victim agreed and arrived at around 10 pm.
After dinner, drinks, and playing card games, she felt dizzy and lost consciousness.
What happened after
She woke up around 4 am, still dizzy. The defendant told her, “You weren’t that drunk” and said, “We had sex.” Shocked, she asked where he had ejaculated. He eventually said, “Outside.”
She recalled fragmented images of intercourse, with the defendant saying it felt good while she repeatedly said “no.”
She later sent a voice message to her sister describing the dizziness after drinking the wine. After waking the next morning, she suspected she had been drugged and raped. She later reported the incident to the police.
CCTV footage shown in court captured the defendant supporting the victim as they left the apartment, but she had no memory of it.
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