Public Prosecutor v XT: Rape and Offenses Against Women's Charter

In Public Prosecutor v XT, the High Court of Singapore heard the case against XT, who was charged with rape of a 15-year-old complainant. The court, presided over by Justice Choo Han Teck, acquitted XT of the rape charge due to insufficient evidence regarding the lack of consent. However, the court found XT guilty of an offence under section 140(1)(i) of the Women’s Charter for having carnal connection with a girl below the age of 16 years.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Accused acquitted of rape but convicted under section 140(1)(i) of the Women's Charter.

1.3 Case Type

Criminal

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

High Court case involving XT, charged with rape of a 15-year-old. The court acquitted him of rape but convicted him under the Women's Charter.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Public ProsecutorProsecutionGovernment AgencyConviction under s 140(1)(i) of the Women’s CharterPartial
Leong Wing Tuck of Deputy Public Prosecutor
Wendy Yap Peng Hoon of Deputy Public Prosecutor
XTDefendantIndividualAcquitted of rapeWon

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJYes

4. Counsels

Counsel NameOrganization
Leong Wing TuckDeputy Public Prosecutor
Wendy Yap Peng HoonDeputy Public Prosecutor
S GogulakannanKannan SG

4. Facts

  1. The accused was charged with rape of a 15-year-old complainant.
  2. The alleged offence occurred at a staircase landing of a block of flats.
  3. The complainant had an IQ of 44, placing her in the moderately mentally retarded range.
  4. The complainant's testimony was inconsistent with her statements to the police and doctor.
  5. A witness, Mr. Loo, saw the accused and complainant together, with the accused making a pumping action.
  6. The accused denied any sexual intercourse with the complainant, claiming she asked him for money.

5. Formal Citations

  1. Public Prosecutor v XT, CC 17/2008, [2008] SGHC 130

6. Timeline

DateEvent
Offence alleged to have taken place
Statement recorded from accused by Investigating Officer
Decision Date

7. Legal Issues

  1. Rape
    • Outcome: The court found that the prosecution had proved sexual intercourse but there was insufficient evidence to prove absence of consent.
    • Category: Substantive
    • Sub-Issues:
      • Absence of consent
      • Penetration
  2. Offence under Section 140(1)(i) Women's Charter
    • Outcome: The court found that the offence under s 140(1)(i) of the Women’s Charter had been proved.
    • Category: Substantive

8. Remedies Sought

  1. Conviction
  2. Imprisonment
  3. Fine

9. Cause of Actions

  • Rape
  • Violation of Women's Charter

10. Practice Areas

  • Criminal Law

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
No cited cases

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
s 376(1) of the Penal Code (Cap 224, 1985 Rev Ed)Singapore
Section 140(1)(i) Women's CharterSingapore

15. Key Terms and Keywords

15.1 Key Terms

  • Rape
  • Penetration
  • Consent
  • Women's Charter
  • Mental Retardation
  • Inconsistent Testimony
  • Corroborative Evidence

15.2 Keywords

  • Rape
  • Women's Charter
  • Singapore
  • Criminal Law
  • Sexual Offences

17. Areas of Law

Area NameRelevance Score
Rape95
Criminal Law90
Sexual Offences90
Women’s Charter85
Evidence Law70

16. Subjects

  • Criminal Law
  • Sexual Offences