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FDH files civil suit vs employer over alleged rape

16 February 2023

By The SUN

The helper has filed a $91,000 claim at District Court against her alleged rapist

An unnamed foreign domestic helper has filed a writ at the District Court, claiming $91,000 in compensation against her former employer who allegedly raped, then got her pregnant two years ago.

The plaintiff, identified as NA in court documents, claimed that from the day she started working for the defendant and his wife in Kam Tin, Yuen Long on Feb. 8, 2021, she had been subjected to sexual harassment.

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On her second day at work, her female employer allegedly asked the plaintiff to shave the defendant’s head, and he took advantage of the opportunity to reach into her pants and touch her inner thigh.

Over the next four days, he continued to harass the plaintiff by touching her breasts and inserting his fingers into her private parts.

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On Feb. 18, 2021, just eight days into her job, the defendant pushed her onto a sofa, and proceeded to rape her.

The plaintiff said she did not immediately seek help as she had to pay off debts she incurred to secure her job in Hong Kong.

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Two weeks after the alleged rape, the FDH felt nauseous and worried that she might be pregnant, confessed to the female employer. However, the latter told the helper to take contraceptive pills and to keep quiet.


In April of the same year, the helper was confirmed to be pregnant. Her female employer allegedly threatened to fire her if she did not abort the pregnancy using contraceptive pills.

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She refused, and the following month sought help from a FDH support group which helped her file a complaint with the police against the defendant.

She finally gave birth in November that year at Queen Elizabeth Hospital, and tests revealed that her employer was the baby’s father.

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The employer was later charged with four counts of indecent assault and rape. However, the case was withdrawn by the prosecution after the defendant claimed the plaintiff had consented to have sex with him.

The plaintiff also filed a complaint with the Equal Opportunities Commission but it was dismissed as it was not filed within the required time, which was within a year of the alleged incident. 

The plaintiff now seeks to get the District Court to declare that the defendant had violated the Sexual Discrimination Ordinance, and that she should be granted $91,000 in compensation for her unpaid wages, mental and psychological suffering, and hospital delivery costs.

 

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