Man gets jail and caning for raping woman while at her flat to fix her lights

SINGAPORE: A renovation contractor who raped a woman while at her flat to fix her lights was sentenced on Wednesday (Nov 26) to 12 years and three weeks' jail and 13 strokes of the cane.

Koh Lee Hwa, a 49-year-old Singapore permanent resident, was convicted of four charges, including rape, sexual assault by penetration and outrage of modesty.

The victim, whose age was redacted from court documents as her identity is protected by a gag order, hired Koh to renovate her flat in 2015.

In the ensuing years, she sporadically contacted him for renovation and electrical works.

In August 2021, Koh went to her flat at her request to repair a faulty toilet light and kitchen light switch.

While talking about the repairs in the hall, Koh hugged the victim without her consent.

He later raped her on her bed after asking her to check the bedroom for the switches there.

Koh had contested the charges, saying that the sex was consensual.

However, the judge found that the victim's evidence was "unusually convincing", and was corroborated by messages to her friends.

In contrast, the judge found Koh's arguments "devoid of merit", such as his claim that the incident could not have been rape as it occurred within the span of 10 minutes.

She also found it "highly improbable", given the history and context of Koh's interactions with the victim, that she would have consented to "an impromptu episode of unprotected sex with a man she had hitherto known only as her renovations contractor".

The prosecution sought 14 years' jail and 13 strokes of the cane, noting that he had a "callous disregard" for the victim's dignity and well-being in "satiating his lust and later seeking to exculpate himself at her expense".

Deputy Public Prosecutor Emily Koh said parties were agreed that there were at least two aggravating factors in the case, including the failure to use protection and the violation of the sanctity of the victim's home.

Defence lawyers Mr Gino Hardial Singh and Mr Ariffin Sha from Abbots Chambers sought 11 years and three weeks' jail instead, along with 12 strokes of the cane.

Responding to the prosecution's argument that there was significant opportunism in this case, Mr Ariffin said the rape was committed on the "spur of the moment".

He said there was no premeditation and that Koh did not take steps such as locking the bedroom or main door.

In sentencing, Justice Mavis Chionh noted that Koh's failure to wear a condom exposed the victim to the risk of unwanted pregnancy and sexually transmitted diseases.

Committing the rape offence in the victim's home and on her bed violated what should have been a secure sanctuary for her, she added.

Justice Chionh noted that while the prosecution submitted that Koh displayed a "high level of opportunism", it was not clear what conduct they relied on to establish this.

She also did not find that Koh conducted his defence in a manner warranting an uplift or increase in the sentence, as sought by the prosecution.

Koh indicated that he wished to appeal and was given bail pending appeal, with his daughter remaining as his bailor.

His bail conditions include an increased bail sum and electronic tagging.

The offences of rape and sexual assault by penetration both carry a maximum penalty of 20 years' jail each, along with a fine or caning.

For molestation, an offender could be jailed for up to three years, fined, caned, or given any combination of these punishments.