https://www.channelnewsasia.com/sin...against-reformative-training-sentence-4590586
SINGAPORE: A young man who raped a 14-year-old girl when he was 16 will have to undergo an eight-year jail term and three strokes of the cane instead of reformative training, after the prosecution succeeded in their appeal on Friday (Sep 6).
Prosecutors had appealed against the sentence of a minimum 12 months' reformative training for the young man, now 20, arguing that rape was the most serious of sexual offences and that his youth should not be at the forefront of considerations.
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It was clear that the victim was inebriated and not in physical control of herself, being unable to hold herself up on the e-scooter, said Ms Poon.
Defence lawyers Mato Kotwani and Wong Min Hui from PDLegal argued against the prosecution's submissions, but said if a jail term had to be imposed, not more than seven-and-a-half years' jail should be given, along with four strokes of the cane.
Mr Kotwani said he did not deny that rape is the most serious sexual offence, and that inherently, rape is a serious offence.
However, he said the severity of rape offences can "vary across a wide spectrum".
He argued that his client only sexually assaulted the victim because he was invited multiple times by her boyfriend to do so.
Justice Chong said the offender might have been initially reluctant.
"But I find it difficult to accept that he was coerced, or he did it out of fear. He was definitely encouraged, but he accepted the encouragement. He responded to it. Otherwise, we won't be here," said the judge.
"That, to me, is important, because you are not a suitable candidate for rehabilitation if you don't take responsibility for your own actions and seek to attribute some blame to the victim," said Justice Chong.
The prosecution's allegations that the young man had engaged in victim-blaming came from the report assessing his suitability for reformative training.
Mr Kotwani said the statements his client had made came from a "historical perspective" - that is, he was telling the interviewer his views in the past.
The offender had given the interviewer a historical perspective about various elements including his poor academics, his alcohol and drug problems and how he stole as "saving money takes very long".
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He was allowed to begin his jail term three weeks later on Sep 27, as he has to help his family after a fire broke out at their flat on Aug 27.
Initially, Justice Tay asked why his five siblings could not help instead, but the judges granted the deferment after Mr Kotwani explained that his client's older sister was married, his brother was serving national service and his younger sisters are still schooling.
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Teenage rapist to be jailed and caned after prosecution wins appeal against reformative training sentence
The offender was 16 and out on bail for theft offences when he raped his 14-year-old schoolmate in a toilet at a public park.SINGAPORE: A young man who raped a 14-year-old girl when he was 16 will have to undergo an eight-year jail term and three strokes of the cane instead of reformative training, after the prosecution succeeded in their appeal on Friday (Sep 6).
Prosecutors had appealed against the sentence of a minimum 12 months' reformative training for the young man, now 20, arguing that rape was the most serious of sexual offences and that his youth should not be at the forefront of considerations.
.
.
.
It was clear that the victim was inebriated and not in physical control of herself, being unable to hold herself up on the e-scooter, said Ms Poon.
Defence lawyers Mato Kotwani and Wong Min Hui from PDLegal argued against the prosecution's submissions, but said if a jail term had to be imposed, not more than seven-and-a-half years' jail should be given, along with four strokes of the cane.
Mr Kotwani said he did not deny that rape is the most serious sexual offence, and that inherently, rape is a serious offence.
However, he said the severity of rape offences can "vary across a wide spectrum".
He argued that his client only sexually assaulted the victim because he was invited multiple times by her boyfriend to do so.
Justice Chong said the offender might have been initially reluctant.
"But I find it difficult to accept that he was coerced, or he did it out of fear. He was definitely encouraged, but he accepted the encouragement. He responded to it. Otherwise, we won't be here," said the judge.
THE VICTIM-BLAMING
He asked the defence to address the court on the alleged victim-blaming by the young man."That, to me, is important, because you are not a suitable candidate for rehabilitation if you don't take responsibility for your own actions and seek to attribute some blame to the victim," said Justice Chong.
The prosecution's allegations that the young man had engaged in victim-blaming came from the report assessing his suitability for reformative training.
Mr Kotwani said the statements his client had made came from a "historical perspective" - that is, he was telling the interviewer his views in the past.
The offender had given the interviewer a historical perspective about various elements including his poor academics, his alcohol and drug problems and how he stole as "saving money takes very long".
.
.
.
He was allowed to begin his jail term three weeks later on Sep 27, as he has to help his family after a fire broke out at their flat on Aug 27.
Initially, Justice Tay asked why his five siblings could not help instead, but the judges granted the deferment after Mr Kotwani explained that his client's older sister was married, his brother was serving national service and his younger sisters are still schooling.
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