By Vir B. LumicaoA self-confessed Filipino lesbian has been found guilty in District Court of indecently assaulting her male ward between July 2011 and March 2013, when the victim was just eight to nine years old.
The convict, only identified as SRM to protect the identity of the young victim, was emotionless when Judge Johnny Chan pronounced his verdict and instructed the Tagalog court interpreter to explain the verdict to her. “Defendant, I find you guilty on Charges 1, 2 and 3,” the judge declared shortly after stepping into the courtroom. He told both the prosecution and defense lawyers to study his prepared verdict and then called a recess.
John D.B. Hemmings, the lawyer assigned by Legal Aid for the defense, immediately went over to the convict and advised her to appeal her conviction.
“I advise you to appeal the verdict immediately after this hearing,” he was heard telling his client, who was domestic helper of the victim’s family when the attacks took place.
The prosecution, led by Michael Arthur, charged that on three occasions during the period mentioned, SRM carried out the offences in a flat in Kwai Chung where the boy lived with his parents and an elder sister. The Filipina had already left the victim’s household for two years when the boy revealed the crime to his parents.
Charge 1 allegedly took place on an unknown date between July 1 and August 31, 2011 when the boy was about 8 years and 7 months old, while Charge 2 occurred a week after the first offense. The assaults involving Charges 1 and 2 happened in the bedroom the boy shared with his sister and the maid.
Charge 3 allegedly happened in the toilet on a day between July 1, 2011 and March 26, 2013, when the boy was about 10 years and 2 months old, the prosecution said.
The victim’s parents testified that they learned of the assaults only on July 7 last year, when he had a sex education subject in his primary-school class. “Che Che (SRM) has done something to me,” the boy reportedly said when asked by his mother about why he looked bothered.
When the mother asked if the maid had sexual act with him, the boy said “yes.” The boy gave further details of the attack in a conversation with his father in the evening. That same day, they reported the matter to the police and SRM was arrested.
The Filipina had pleaded not guilty to the three charges, saying during her turn at the witness stand that she was a lesbian and was not attracted to men. She said she did not know why the boy was making the charges against her. She added she had had lengthy relationships with two girlfriends before the alleged sexual assaults and that she was not sexually active during those two years.
The judge said he believed the assaults claimed by the boy had taken place.“On the evidence before me, I am satisfied beyond reasonable doubt that all the elements of the offence in relation to Charges 1 to 3 are proved against he defendant,” he said.
Chan originally set the sentencing for 11am on March 11, pending an impact report on the victim and a psychologist’s report on SRM. But on March 7, the sentencing was moved to April 8.
