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Victim unconscious during alleged rape, High Court told

20 September 2019

By Vir B. Lumicao
The rape trial at the High Court will end Monday next week
A Chinese-Filipina was in deep sleep due to drunkenness when a Japanese male co-passenger on a minibus allegedly took her to his flat in Kowloon and raped her, a seven-member jury heard at the High Court on Friday, Sept 20.

Details of the alleged sexual attack emerged as defendant, Kaise Hiroki, gave evidence as the sole defense witness.

Hiroki, who is out on bail, denied he raped the drunk 24-year-old woman, identified only as “Miss X,” at dawn on Aug 5 last year in his flat after they got off a red minibus they rode on from Central to Mong Kok. 
Hiroki, speaking through a Nihonggo court interpreter, said his mind was clear and he was aware of his surroundings when he took the woman home. But he insisted they had consensual sex.

“X,” who was the first to give evidence on Sept 16, told the court she had drunk more than she could take between 11pm on Aug 4 and 2am on Aug 5 last year as she celebrated her birthday with three friends.

She said she was very drunk and dizzy when she got off at the minibus terminus in Mong Kok, and when she regained her senses, she found herself weak and naked in a dim room, so she got into her panties and shorts.
She said the defendant carried her to a taxi, which took her home to Kwai Chung.

The prosecutor asked Hiroki whether “X” was not aware of her surroundings and if she was responding to what was happening around her, including during penetration. The defendant said he did not know.

Defense counsel Oliver Davies reminded Hiroki that when he asked him if what he said in the police video recorded interview was all true, he answered “almost true”.

The defendant said that when he watched the interview on DVD and “I realized there were untrue things that I said but I was already arrested at the time.”
Judge D’Almada, taking over the questioning, asked the defendant, a university graduate, whether he had the ability to think clearly that night. He replied “yes” but added that “it was not perfect.”

The judge asked him if he knew what he was doing and he replied there were some he could not remember. That led D’Almada to ask if he remembered the foreplays and kissing on the lips he mentioned in the VRI. He said sometimes their mouths were open.

Hiroki also told the court that he couldn’t decide if he should do “it” or not, but “I saw there was agreement. I thought so from her facial reaction and my experience. From all these I saw there was consent,” he insisted at the conclusion of his evidence.

But CCTV footages in the block where Hiroki lives showed the woman looking very weak and unable to walk, so that the defendant had to carry her to a taxi.

Judge D’Almada adjourned the case until Monday, and told the jury to get the pictures that both the prosecution and defense would give them , before deliberating on their verdict the next day.
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