An insurance broker has been convicted after trial of raping a 21-year-old woman and sentenced by Hong Kong’s High Court to six years in prison. The sentence was imposed on 30 September after the court heard that the victim had been intoxicated.
The offence took place on 7 July 2023, after the defendant and the woman met at a bar in Tsim Sha Tsui and later moved with others to a rented industrial unit at Guardforce Centre, 3 Hok Yuen Street East, in Hung Hom.
Sentencing judge Douglas Yau Tak-hong adopted a five-year starting point. He increased it because the woman was intoxicated when the rape occurred, no condom was used and the psychological harm described in court was serious.
A trauma report cited by the judge said that recounting the incident in court caused the woman’s distress to resurface. She experienced recurring images of seeking help by telephone, nightmares, shame and helplessness, and was unable to enjoy sexual pleasure or establish an intimate relationship. The report said she required psychological treatment.
The defendant denied raping her and maintained during a psychological assessment that she had been open and receptive. His psychological report said he had no deviant sexual interests, but tended to minimise his responsibility and blame the victim, lacked motivation to change and presented a medium-to-high risk of reoffending.
Yau said the defendant was 21 at the time, had post-secondary education and worked in insurance, where he came into contact with different people. He said the defendant clearly knew that rape was illegal. The judge also said there was no evidence of premeditation, but warned that young people could not assume they could violate another person’s body without punishment.