'Depraved behaviour': Jail for man who raped stepdaughter, asked her to record him and her mother having sex

SINGAPORE: In addition to sexually abusing his 11-year-old stepdaughter, a man asked her to record a video of him and her mother engaging in sex. 

The 29-year-old man was sentenced to 15 years' jail and 12 strokes of the cane on Monday (Feb 24) after pleading guilty at the High Court to charges of aggravated rape, sexual exploitation of a child, and engaging in sexual activity in the presence of a child.   

Another nine charges of a similar nature, including performing sexual acts of self-gratification in the presence of the girl, were taken into consideration for his sentencing. 

All parties in this case cannot be named due to a gag order protecting the victim, now 13, and her mother's identity. The mother and the accused's parents were present in court for the case. 

SHARED SLEEPING QUARTERS

The accused, a Singaporean, married the victim's mother and they moved into a one-bedroom flat in 2019. The victim's mother brought along her three children from her previous marriage - the victim and her two older brothers. 

The two brothers took the sole bedroom, while the mother would share a mattress with the accused in the living room. The victim slept on a sofa beside them. 

The offences occurred over November and December 2022. 

On the first occasion, the accused woke up in the wee hours of the morning while his wife slept on next to him.

He felt frustrated as he had been interrupted by the victim, who walked into the living room when he was having sex with her mother earlier. This had resulted in a quarrel between himself and his wife. 

The accused decided to watch porn on his mobile phone and to pleasure himself. He noticed the victim watching him, but did not care. 

The man then made the girl perform a sex act on him and touched her despite her resistance. 

"The accused told the victim to trust him, that he will not hurt her, and that he would 'make it fast'," Deputy Public Prosecutor Ng Jun Kai told the court. He stopped only after the girl complained of pain. 

After the incident, the man told the victim to keep the matter to herself, adding that he only did what he did to her because she had interrupted him earlier during sex. 

While she felt uncomfortable, the victim did not tell her mother about the acts as she was afraid her mother would get angry. 

A few days later, the accused again woke up in the early hours and wanted to have sex with the victim's mother, but she did not respond to him. He decided to pleasure himself again knowing that the victim was awake. He asked her if she would like to "do it again" but she refused. 

The accused then told her to watch and then performed sex acts on her, resulting in her feeling pain again. He also cajoled her into performing a sex act on him. 

The victim felt helpless to refuse as she feared his displeasure. After the act, the man told the victim to wash her hands and apologised.

ACCUSED ASKED VICTIM TO RECORD HIM AND HER MOTHER 

On another occasion, the man sent a text message to the victim, asking her to record a video of himself and her mother engaging in sex.

"The victim agreed as she felt relieved that the accused was not going to engage in any sexual acts with her," Mr Ng said.  

The accused sent her a 10-second long video of himself having sex with her mother and gave the victim instructions on how he wanted the act to be recorded. 

That night, the girl did as she was told while hiding under her blanket. 

In December 2022, the victim confided in her brother, who told her she had been right to refuse the accused's advances. Her brother wanted to tell their mother about the acts but the victim refused, fearing that her mother's feelings would be hurt. 

Meanwhile, the man sent the victim more messages asking her for sex acts. She declined to, and the man apologised.

In January 2023, the brother and the victim revealed what she had been through to their mother. 

After discussing the matter, the victim agreed to forgive the accused to avoid breaking the family apart. The man continued residing with them. 

DISCOVERY OF OFFENCES

The victim's plight was discovered by a tuition teacher who noticed cuts on the victim's left forearm. The victim tried to pass off the cuts as cat scratches but the teacher took her to a social worker for help. 

This was when the victim revealed her feelings of worthlessness and her thoughts about overdosing on medication. 

This social worker then spoke to the victim's mother, who revealed what her husband had done to the victim. She said the victim had agreed to give the accused a second chance. 

The victim was subsequently brought to be examined in a hospital and a police report was lodged. 

Even after the accused was arrested on May 12, 2023, the victim expressed concern that the family would be torn apart by the matter.

According to the prosecution, the victim still lives with her mother and two brothers. Her mother is not currently facing any criminal prosecution. 

SENTENCING ARGUMENTS 

The prosecution sought 14 to 15 years' jail and 12 strokes of the cane for the accused, while the defence sought 12 to 13 years' jail. 

Deputy Public Prosecutor Kathy Chu said the accused had used the victim for his personal sexual gratification.

Ms Chu described his charge for engaging in sex in the victim's presence as "disturbing" as the man had "prematurely exposed the victim to information and knowledge she (was) not of age for". 

What was "particularly perverse" was the sex act between himself and her mother, which showed that he did not care about the repercussions on her and her mother, said Ms Chu. 

The accused's lawyer Teo Choo Kee said his client was "very repentant" and sorry for what he had done. 

"To this date, he cannot understand what came over him to commit these acts which were clearly reprehensible," said Mr Teo, adding that his client sought forgiveness from those he had hurt. 

In his brief oral remarks, Justice Aidan Xu @ Aedit Abdullah had harsh words for the accused, whom he addressed directly. 

"You have committed crimes against your stepdaughter which were heinous and depraved. You have robbed her when she was only 11 years old, of the innocence of her childhood, which should be a time of happiness, growth and wonder.

"She called you ‘Papa’, regarding you as her father, yet you violated her and made use of her to satisfy your lust."

The judge added that the harm and damage caused to the victim was clear in her reaction when the accused had asked her to record him and her mother.

"Rather than being disgusted or repulsed, her reaction was relief, that she was not going to be assaulted yet again. That is heartbreaking," Justice Xu said. 

He called this offence "especially depraved behaviour", as the accused had not only exposed the victim to a sexual act, but one between her parents. 

"You were supposed to be a parent, yet you made use of that relationship, and the respect and obedience she showed you," Justice Xu said. 

The accused's punishment should also deter other potential offenders and make clear the severe consequences for such offences, he added.

"Specifically, fathers, whether biological or by marriage, cannot think that they can violate their children with impunity.

"I must emphasise in no uncertain terms, that the court will treat harshly those parents who abuse and violate their children in this way to satisfy their own lusts."

In closing, the judge expressed hope that the victim will recover and commended the tuition teacher and social worker for their vigilance.

"Their vigilance and conscientiousness rescued the victim. The court appreciates the challenges that they and others like them face in their daily work. I hope that they and their colleagues continue to do their best for those under their charge each and every day," said the judge. 

For aggravated rape, the accused could have been sentenced to between eight and 20 years' jail, and no less than 12 strokes of the cane. 

For the charge of sexual exploitation of a child, he could have been jailed up to seven years, or fined up to S$10,000 (US$7,500), or both. 

For engaging in sexual activity in the presence of a minor below 14, he could have been jailed up to three years, fined or both.