Date
21 September 2017
A District Court has thrown out the defense argument that no intercourse took place, saying the accused fondled the boy's genitals and caused an erection. Photo: HKEJ
A District Court has thrown out the defense argument that no intercourse took place, saying the accused fondled the boy's genitals and caused an erection. Photo: HKEJ

Maid who had weekly sex with boy convicted of indecent assault

A Filipino domestic helper who had weekly sex with an eight-year boy for nearly two years has been convicted on three counts of indecent assault.

The 45-year-old woman will be sentenced on March 11, pending a psychological evaluation, Apple Daily reports.

The incident happened between July 2011 and March 2013 when the maid had repeated sex with her employers’ son, the court heard.

The boy, now 13, did not tell his parents until last year, worried he might have gotten the woman pregnant, according to court documents.

The parents filed a police report shortly after.

The judge allowed a video of the boy’s police deposition to be played in evidence in court.

The woman denied the charges, saying the boy is not a credible witness because he could not tell which part of her body touched him.

There was no intercourse because the boy was not aroused, she told the court.

She said she is a lesbian and has never had sex with a man or with the boy. 

Also, she challenged the video deposition having been made two years after the alleged abuse, the report said.

But the judge let the charges stand, saying the woman fondled the boy’s genitals and caused an erection.

He said the boy could not have been able to describe the woman’s body parts at his age not having received sex education from school or from his parents.

Still, the boy had basic knowledge about mating animals from science class when he was 12 and that he realized what the maid had done to him in retrospect, the judge said.  

Meanwhile, some legal experts said the maid could have been charged with rape if Hong Kong law had been up to date.

They cited precedents in Europe in which the traditional notion of rape has been changed to include forcible sexual intercourse by a female on a male.

In 2006, the Secretary for Justice and the Supreme Court began a process to amend Hong Kong’s sex crime laws.

Six years later, the Law Reform Commission (LRC) recommended changes to the legislation.

Since then, however, the process has hardly moved, reports said.

Hong Kong lags in this area compared with Britain, New Zealand and Canada, said Eric Cheung, chief lecturer of the University of Hong Kong law school and a member of the LRC sub-committee. 

He said the proposed changes are under consultations but no time table has been set for formal deliberations, Cheung said.

I’m a lesbian, maid on trial for sex assaults on boy tells court (Feb. 4, 2016)

Maid charged with sexually assaulting eight-year-old ward (Feb. 3, 2016)

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BT/RA

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