- Joined
- Aug 11, 2008
- Messages
- 1,278
- Points
- 48
https://www.channelnewsasia.com/news/singapore/married-man-sexually-assaulted-male-tenant-10643358
Singapore Married man who sexually assaulted male tenant gets 6 years' jail, caning
Photo illustration of a man in handcuffs. (Photo: Jeremy Long)
By Lydia Lam
23 Aug 2018 11:46AM (Updated: 23 Aug 2018 03:22PM)
Share this content
Bookmark
SINGAPORE: A married man who sexually assaulted another man who was living in his flat was sentenced to six years' jail and caning on Thursday (Aug 23).
Waduge Buddhika Upashantha Fernando, a 38-year-old Singaporean of Sri Lankan descent, is married with three children and lives in a flat in Kim Keat Avenue.
The victim was a 28-year-old Malaysian working in Singapore as a cook. He cannot be identified due to a gag order.
On the day of the assault in November last year, he had been a tenant at the flat for about four months, the court heard.
His usual routine meant that he left the flat at 9am and returned only at 11pm, and he had little interaction with Fernando and his family.
At about 11.30pm on Nov 10 last year, the victim returned to the flat and had a shower. He then went to his room, closing the door and going to bed at about 1am.
About two hours later, Fernando returned home from work. He was on his way out to buy vegetables when he "felt the urge to engage in homosexual activity", court documents said.
He knew that his tenant was sleeping, and entered his room where the victim was asleep in a pair of shorts.
Fernando then knelt on the floor, removed the victim's shorts and performed a sexual act on him.
After about 10 minutes, the victim woke up and realised what was happening. He also felt Fernando rubbing against his shin.
Instinctively, he yelled and kicked at Fernando, who left the room and the flat.
The victim was shocked and did not know how to react. Within the hour, he sent a message to the police hotline asking for assistance.
Fernando pleaded guilty to one charge of sexual assault by penetration.
ACCUSED VIOLATED VICTIM IN THE MOST INTIMATE OF WAYS: PROSECUTION
Deputy Public Prosecutor Marshall Lim called Fernando's conduct "shocking", asking for at least six years' jail and three strokes of the cane.
He said that "sexual intimacy involving penetration by or of sexual organs is the closest form of physical human intimacy that may be enjoyed between two individuals".
"Because of the intimate nature of contact, parties must consent to engaging in sexual intimacy. In cases where one party has not consented, he or she is also violated in the most intimate of ways," said the prosecutor, adding that this is made worse when the violation takes place in the home, where a person can expect to be safe.
Fernando's defence counsel had asked for a custodial term of five years' jail, which the prosecutor called "wholly inadequate".
District Judge Kessler Soh sentenced him to six years' jail and three strokes of the cane. He could have been jailed for up to 20 years, fined or caned.
Editor’s note: An earlier version of this story based on court documents said the prosecutor had requested eight years’ jail and four strokes of the cane. The Attorney-General’s Chambers has clarified that the prosecutor asked for six years’ jail and three strokes of the cane.
Source: CNA/ll(cy)
Singapore Married man who sexually assaulted male tenant gets 6 years' jail, caning
Photo illustration of a man in handcuffs. (Photo: Jeremy Long)
By Lydia Lam
23 Aug 2018 11:46AM (Updated: 23 Aug 2018 03:22PM)
Share this content
Bookmark
SINGAPORE: A married man who sexually assaulted another man who was living in his flat was sentenced to six years' jail and caning on Thursday (Aug 23).
Waduge Buddhika Upashantha Fernando, a 38-year-old Singaporean of Sri Lankan descent, is married with three children and lives in a flat in Kim Keat Avenue.
The victim was a 28-year-old Malaysian working in Singapore as a cook. He cannot be identified due to a gag order.
On the day of the assault in November last year, he had been a tenant at the flat for about four months, the court heard.
His usual routine meant that he left the flat at 9am and returned only at 11pm, and he had little interaction with Fernando and his family.
At about 11.30pm on Nov 10 last year, the victim returned to the flat and had a shower. He then went to his room, closing the door and going to bed at about 1am.
About two hours later, Fernando returned home from work. He was on his way out to buy vegetables when he "felt the urge to engage in homosexual activity", court documents said.
He knew that his tenant was sleeping, and entered his room where the victim was asleep in a pair of shorts.
Fernando then knelt on the floor, removed the victim's shorts and performed a sexual act on him.
After about 10 minutes, the victim woke up and realised what was happening. He also felt Fernando rubbing against his shin.
Instinctively, he yelled and kicked at Fernando, who left the room and the flat.
The victim was shocked and did not know how to react. Within the hour, he sent a message to the police hotline asking for assistance.
Fernando pleaded guilty to one charge of sexual assault by penetration.
ACCUSED VIOLATED VICTIM IN THE MOST INTIMATE OF WAYS: PROSECUTION
Deputy Public Prosecutor Marshall Lim called Fernando's conduct "shocking", asking for at least six years' jail and three strokes of the cane.
He said that "sexual intimacy involving penetration by or of sexual organs is the closest form of physical human intimacy that may be enjoyed between two individuals".
"Because of the intimate nature of contact, parties must consent to engaging in sexual intimacy. In cases where one party has not consented, he or she is also violated in the most intimate of ways," said the prosecutor, adding that this is made worse when the violation takes place in the home, where a person can expect to be safe.
Fernando's defence counsel had asked for a custodial term of five years' jail, which the prosecutor called "wholly inadequate".
District Judge Kessler Soh sentenced him to six years' jail and three strokes of the cane. He could have been jailed for up to 20 years, fined or caned.
Editor’s note: An earlier version of this story based on court documents said the prosecutor had requested eight years’ jail and four strokes of the cane. The Attorney-General’s Chambers has clarified that the prosecutor asked for six years’ jail and three strokes of the cane.
Source: CNA/ll(cy)
