Threesome rape trial: Man found guilty of raping stranger's blindfolded girlfriend

SINGAPORE: A man who contested charges of raping a stranger's blindfolded girlfriend by claiming that she knew and consented to the acts was found guilty on Friday (Jun 26).

Srihari Mahendran, 24, was convicted of 10 charges, comprising four counts of rape, one count of sexual assault, four counts of outrage of modesty and one count of making an obscene film.

The charges relate to two occasions in 2016, involving Srihari, the victim and her boyfriend in a threesome scenario.  

The identities of the couple are protected by gag order. Srihari can be named as there is no gag order on him, and he was a stranger to the couple.

Justice Pang Khang Chau said that the prosecution had proven its case beyond all reasonable doubt. He accepted the evidence of the victim's boyfriend over Srihari's, whom he said was evasive and gave inconsistent testimony and evolving explanations.

Srihari had raped and sexually assaulted the victim in two hotels in April and August of 2016, with her boyfriend's help.

The victim was bound and blindfolded both times, but she became suspicious on the second occasion at M Social Hotel and removed her blindfold to see Srihari leaving the room.

The two men had met online over a pornographic blog. They discussed their sexual fantasies before agreeing to have a "threesome" without the victim's knowledge.

The boyfriend of the victim had set up arrangements with Srihari to fulfil a threesome fantasy that he had, which was to see his girlfriend have sex with another man.

QUESTION ABOUT WHETHER ACCUSED KNEW VICTIM DID NOT CONSENT

A key issue during the trial was whether Srihari knew that the victim did not consent to the acts.

Srihari had testified that he genuinely believed the victim had given her consent, but the victim's boyfriend testified instead that he planned the threesome scenarios with Srihari.

READ: Threesome rape trial: Accused testifies that he believed bound, blindfolded victim consented

Prosecutors said Srihari's evidence was "riddled with outlandish claims and incoherent accounts", but defence lawyers Ravinderpal Singh, Trent Ng and James Ow Yong argued that their client believed that the victim was a consenting participant, as her boyfriend had led him to believe. 

Justice Pang pointed to a few key pieces of evidence that showed Srihari knew that the victim was unaware of the situation and did not consent to the acts.

Video recordings of the first hotel rape played in court showed that there were "absolutely no verbal communications between the accused and the boyfriend throughout the incident", said the judge.

The men communicated only through hand gestures, and the accused was silent during the sex acts. 

READ: Threesome rape trial: Victim's boyfriend testifies about how he planned 'sex game' with accused rapist

A text message from the boyfriend to Srihari before the second occasion revealed that he had asked Srihari if he wanted to have sex with his girlfriend "secretly again".

In subsequent messages on the day of the second occasion, the boyfriend told Srihari to "sneak in after she sleeps" and to "make sure her hands don't touch you". He also confirmed that the victim would be "bound and blind".

"There is clear evidence that the accused knew that their plans were to be kept secret from the victim," said Justice Pang. "The accused’s explanation that the term 'secretly' meant only that the plan was to keep the accused identity a secret and not to keep the fact that there was another man in the room a secret is plainly unbelievable."

Closed-circuit television footage from M Social Hotel showed Srihari leaving the hotel room in a hurry and running to the lift lobby with "no hesitation or confusion", said the judge.

"When the boyfriend messaged the accused to ask him to return to the hotel or else the victim would call the police, the accused's reply showed only fear but no confusion. He did not ask the boyfriend what the problem was and why the victim wanted to call the police."

Justice Pang adjourned sentencing to a later date.

READ: Former auxiliary officer who arranged for girlfriend to be raped by stranger gets jail

The boyfriend had been sentenced in November 2018 to 23 years and 11 months' jail and 24 strokes of the cane for his role in the crimes. The jail term was reduced on appeal to 19 years and 11 months.

The penalties for each charge of rape are a maximum jail term of 20 years and a fine or caning.