Former Trust Yoga instructor convicted of molesting students, but acquitted on 3 charges

SINGAPORE: A former instructor at Trust Yoga was on Thursday (May 16) found guilty of five counts of molesting three women during his classes.

But Rajpal Singh, 34, was acquitted on three counts of molesting a fourth student after the judge found that the woman's testimony was not "unusually convincing".

The man faces a total of 10 charges. Two charges involving a fifth woman were stood down during his trial.

He was accused of smacking the buttocks and touching the private parts of the five women during his yoga classes in 2019 and 2020.

Singh's defence at trial, led by lawyer Anil Changaroth Wong of RHTLaw Asia, was that he did not commit these physical acts.

He testified that no yoga adjustments would necessitate touching a student's private parts, and that he was "very careful" not to touch those parts during adjustments.

The identities of the complainants are protected by court order.

Delivering Thursday's judgment, District Judge Sharmila Sripathy-Shanaz said that three of the women - whom she referred to as Ms C, Ms V and Ms R - were "unusually convincing" witnesses.

But she acquitted Singh of three charges involving a fourth woman, whom she referred to as Ms Y.

"In the present case, while Ms Y presented as an earnest witness, the question of whether a complainant is unusually convincing must be premised upon the reliability of her evidence," the judge explained.

"In the absence of other evidence, I find Ms Y's continued active, unsolicited and vocal support of Mr Rajpal in the wake of multiple allegations of sexual assault surfacing incongruent with her allegations of molest."

The judge referred to two WhatsApp messages that Ms Y had sent to Singh and another prosecution witness. In Ms Y's message to Singh on Aug 3, 2020, she vouched for him. This was after he had allegedly molested her that year.

According to the prosecution's submissions, Ms Y's explanation of the WhatsApp messages was that "she had not come to terms with what happened to her at that time and felt that it was easier for her to say that the incidents of molest did not happen".

Judge Sripathy-Shanaz said: "This gives rise to reservations about the reliability of her narrative, notwithstanding her explanations in court, and ultimately constrains a finding that her testimony is unusually convincing."

The judge, however, accepted the testimonies of Ms C, Ms V and Ms R, which she said were detailed, textured and consistent, and provided cogent, compelling evidence.

This was in "stark contrast" to the case put forth by the defence, which the judge said contained material deficiencies that undermined the truth of Singh's claims.

In one instance, Singh belatedly claimed at trial that he had only touched Ms C's thigh, which was inconsistent with his statement to police that he had tapped the left side of her hips near the buttocks.

"Having reviewed the evidence, I find myself unable to place any weight on Mr Rajpal's strained and shifting explanations as to why this is so," said the judge.

As for Ms V and Ms R, the judge noted that at trial, the defence mounted an alternative case that if he did indeed touch their private parts, he was merely adjusting their poses.

This was "glaringly inconsistent" with Singh's broader defence that no yoga adjustments would ever necessitate him touching a student's private parts, said the judge.

"These contradictory and competing claims in the defence's case render Mr Rajpal's case devoid of credibility," she said.

Judge Sripathy-Shanaz also found that the veracity of the three women's testimony was not undermined by their behaviour after the incidents.

Ms C did not vocalise her discomfort after being molested and remained in class for the rest of the lesson. She said this was because she was shocked and did not know how to react.

Ms V and Ms R made their police reports months after they were molested.

The judge said Ms V was able to explain her "seemingly counterintuitive behaviour" following the assaults.

"For instance, she explained that she continued with her lessons even after Mr Rajpal had slapped her buttocks as she had seen him doing it to other students who did not react," said the judge.

"This confused Ms V who deduced that it was Mr Rajpal's way of teaching and was therefore reluctant to make a mountain out of a molehill."

Judge Sripathy-Shanaz also noted that the defence did not challenge the assertion that Singh had slapped the buttocks of his other students.

The judge said it was "well established that the behaviour of a complainant of sexual assault cannot always be expected to align with what might be perceived as a typical or expected response".

"Our legal system recognises that each individual's reaction to trauma is unique and personal. Therefore, the absence of immediate confrontation should not be viewed as a marker of the credibility or veracity of a complainant's claim."

She also said that a delayed police report does not automatically make a sexual assault allegation suspect.

"The dynamics of sexual offences often involve significant psychological and emotional complexities that can inhibit immediate reporting," she said.

"Complainants may experience a range of overwhelming emotions, such as fear, shame or confusion, which can impact their ability to come forward promptly."

Singh will return to court for sentencing in July. The Indian national, whose passport has been impounded, is out on bail of S$25,000.

The punishment for outraging a person's modesty is up to two years in jail, a fine, caning, or any combination of these penalties.

Editor's note: An earlier version of this story incorrectly stated the date on which a WhatsApp message was sent. We apologise for the error.