Probation for former piano teacher with Asperger’s syndrome who molested 5-year-old student

• A piano teacher was 19 when he molested his student in 2016
• A High Court judge said he considered the young man’s autism spectrum disorder when sentencing him
• The prosecution had sought jail, but the judge said the offender would “suffer disproportionately” 

SINGAPORE — A 23-year-old former part-time piano teacher, who pleaded guilty last year to molesting his five-year-old female student on the pretext of correcting her posture, was given three years’ probation on Monday (Nov 23).

High Court judge Pang Khang Chau said he considered that the young man suffers from Asperger’s syndrome, which is an autism spectrum disorder.

It is an undeniable fact, the judge added, that prison would have a different impact on him than on others his age. He would also “suffer disproportionately” in jail because of factors such as his child-like demeanour and lack of family support there.

The prosecution had pushed for 18 months’ jail, while the man’s lawyers Shashi Nathan, Jeremy Pereira and J Jayaletchmi of Withers KhattarWong sought a report to assess their client’s suitability for probation.

He was found suitable for probation, which allows young offenders to continue with their education or employment as they serve their sentences.

It is unclear if the prosecutors will appeal the sentence. They had objected to probation owing to the “egregious and highly aggravated nature of the offence”.

Clutching two plush toys, the man was on Monday bent over while seated in the dock for most of the proceedings.

He and his victim cannot be named to protect her identity. He was 19 when he committed the offence in 2016.

He will be electronically tagged for the first year of his probation and was ordered to follow 11 conditions, including:

• Staying indoors from 11pm to 7am

• Clocking 100 hours of community service

• Staying away from an educational institution or centre exclusively for children under 12 at all times

• Removing all sexually suggestive, obscene or pornographic material from his social media accounts

• Installing parental control software on all electronic devices with internet function at home

His parents posted a S$5,000 bond to ensure his good behaviour during his probation. 

He will also have to pay S$7,000 to the girl’s family as compensation for her counselling sessions. 

OFFENCE WAS SEVERE

In granting probation, Justice Pang referred to the probation report, which showed that the man’s risk of reoffending was moderate and that he did not display antisocial behaviour.

The judge noted that he has the motivation to change, willingness to accept intervention, and strong family support.

After he pleaded guilty, a Newton hearing was held to decide if there was a causal link between his autism and the offence. These hearings take place during the sentencing process to settle conflicting issues that can materially affect the sentence.

Justice Pang agreed with the prosecution that there was no direct causal link, but noted that this did not mean the man’s Asperger’s syndrome “becomes completely irrelevant”.

“I am not saying that a prison sentence should never be imposed on those with autism or that prison authorities are incapable of managing those with autism,” he said. 

“What I am doing here is simply recognising the undeniable fact that prison will have a different impact on the accused than on other persons of his age.”

Justice Pang still recognised the severity of the offence, especially the teacher-student relationship and the girl’s young age.

He disagreed with the prosecution’s submission that the man should be banned from using electronic devices with internet capability, saying that this posed “too much of a restriction on the daily activities of the accused”.

The prosecution had earlier noted the man’s "irregular use of pornography" and active participation in sexual conversations online, particularly on social network Twitter.

THE CASE

The man was employed part-time at a piano studio, which was not named in court documents, after completing his piano diploma and GCE Normal (Academic) Level examinations in 2015.

In August 2016, he began teaching the girl for about half an hour on Mondays. 

During a one-to-one lesson three months later, he placed a hand on her private parts when she was sitting in front of the piano.

The court heard that the girl did not tell her grandfather about the incident after the class, as she did not think that anything wrong had happened and because her grandfather is of the opposite sex.

Once home, she took an unusually long time in the toilet.

When her mother checked on her, the girl said that she felt pain when she wanted to urinate. She then told her mother what transpired.

The mother alerted the girl’s father, who filed a police report.

After the incident, the girl stopped playing the piano by herself and had several episodes of bedwetting.

For molesting a minor, the man could have received a jail term of up to five years, a fine, caning, or any combination of the three.