Two men get jail and caning for raping, sexually assaulting 18-year-old woman

SINGAPORE: A group of four men preyed on an intoxicated teenager they met at a nightclub, taking advantage of her interest in one of them so that the rest could sexually assault and simultaneously rape her while she was unconscious.

Two of the men involved were sentenced for their crimes on Monday (Jul 6). Nur Irsyad Danial Mohamad Isa, 20, was given eight-and-a-half years' jail and nine strokes of the cane, while Muhammad Danial Sharuddin Muhamad Noor, 19, received five-and-a-half years' jail and three strokes of the cane.

Irsyad pleaded guilty to one charge of rape and a second charge of abetting sexual assault, with a third charge of sexual assault taken into consideration.

Sharuddin pleaded guilty to one charge of sexual assault by penetration.

The other two men involved in the case are Muhammad Nurul Huzaifah Raimy, 24, and a 20-year-old man who is identified only as B4 in court documents as he knows the victim, whose identity is protected by gag order.

The court heard that the victim was 18 at the time of the offences. She visited the nightclub Canvas at Clarke Quay after 11pm on Jul 19, 2018, consuming several alcoholic beverages on an empty stomach.

Before visiting the club, she had also consumed "ice" or methamphetamine, said the prosecutors.

She danced with several people at the club, including Huzaifah and Sharuddin, and exchanged contact information with Huzaifah.

When the club closed at 3am, the victim left the club and rested on a nearby bench as she was exhausted and drowsy, and unable to stand on her own.

THE RAPE

Huzaifah saw her and asked if she wanted to return to his place, which she accepted. The victim and the four men walked towards a taxi stand, with Irsyad overhearing Huzaifah ask B4 if he could have sex with the victim at B4's place, offering to let B4 have "his turn with the victim" afterward.

The four men and the victim headed to B4's flat in York Hill, where the victim fell asleep on the floor and some of the men watched television.

Past 3.50am that day, Huzaifah had sex with the victim while Irsyad and Sharuddin watched. They could see that her responses were limited, said the prosecution.

Huzaifah then called B4 over and asked him to hurry, indicating that it was his turn to engage in sexual acts with the victim.

B4 allegedly assaulted the victim as she slept while the rest watched. 

When he was finished, Irsyad and Sharuddin then began sexually assaulting the victim together. Sharuddin pulled her hair and she was jolted awake. It was then she realised she had been raped and did not know who both men were, said the prosecution.

MEN FLEE AT VICTIM'S DISTRESS

Sharuddin and Irsyad fled soon after. She rebuked Huzaifah for allowing his friends to take advantage of her and told him that she was going to call the police.

Huzaifah also fled after hearing this. B4 had gone out and returned to the flat to find the victim alone and crying. She described what had happened without knowing that B4 had also assaulted her.

She called the police and B4 stayed with her until they arrived. Irsyad and Sharuddin were arrested later that day, while Huzaifah remained at large until four days later.

Huzaifah later admitted that he had not intervened as he thought "she would not realise what they were doing to her", given her state at the time.

He was sentenced in February to seven years' jail and six strokes of the cane for abetting B4's sexual assault, with other charges taken into consideration. B4's case is still pending.

The victim was examined by a doctor and DNA samples and swabs taken from her matched those of Irsyad and Sharuddin.

THEY TOOK COMPLETE ADVANTAGE OF HER: PROSECUTOR

Deputy Public Prosecutor Sruthi Boppana called the case one that "makes for grim reading", with Irsyad and Sharuddin taking "complete advantage" of the victim's vulnerable state.

She asked for at least 10 years' jail and 16 strokes of the cane for Irsyad, and at least seven years' jail and six strokes for Sharuddin.

She said the two men, who were 18 and 16 respectively at the time, were well aware that the victim was intoxicated and exhausted outside the nightclub.

On top of this element of premeditation, the pair also used "deception" by communicating in hushed whispers while trying to keep their identities from the victim and pretend that it was Huzaifah performing sex acts on her.

Irsyad had also exposed the victim to the risk of contracting sexually transmitted diseases and pregnancy as he had not used protection during the rape.

Both men's lawyers asked for non-jail sentences, with Irsyad's lawyer Ian Yang urging for a pre-sentencing report for reformative training. As an alternative, he asked for six years' jail and five strokes of the cane.

He said Irsyad's actions were not premeditated, and that he "became aroused when he saw them having sex", referring to Huzaifah and the victim. All of this "resulted in him being overcome with lust", he said.

Lawyer Henry Lim said his client Sharuddin was the youngest among the four men and was only 16 at the time of the offences. He asked for a period of rehabilitation, saying that his client was "not the dominant participant" and was instead "a mere follower".

Justice Chan Seng Onn said that "very serious sexual offences were committed simultaneously by both Irsyad and Sharuddin while both were on police bail".

He said the victim was "totally incapable of defending herself", and said he did not find that reformative training would be appropriate for this case.