PP v YD: Statutory Rape & Unnatural Offences - Step-Daughter, Consent, Voluntariness of Statements
In Public Prosecutor v YD, the High Court of Singapore, on 23 September 2008, convicted YD, an Indian national and Singapore permanent resident, on 16 charges of statutory rape and 26 charges of having carnal intercourse against the order of nature (fellatio) against his step-daughter, who was under 14 years of age between January 2005 and February 2007. The court found the accused's statements to the police and psychiatrist to be voluntary and admissible, despite his claims of fear and coercion. The court rejected the argument that the step-daughter's alleged consent was a defense to the charge of statutory rape. The accused was sentenced to a total of 25 years imprisonment and 24 strokes of the cane.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Accused found guilty on all 42 charges.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
YD is convicted of statutory rape and unnatural offences against his step-daughter. The court found his statements to be voluntary and admissible.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Judgment for Prosecution | Won | Gordon Oh of Attorney-General’s Chambers Amarjit Singh of Attorney-General’s Chambers Jean Kua of Attorney-General’s Chambers Adrian Ooi of Attorney-General’s Chambers |
| YD | Defendant | Individual | Guilty | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tay Yong Kwang | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Gordon Oh | Attorney-General’s Chambers |
| Amarjit Singh | Attorney-General’s Chambers |
| Jean Kua | Attorney-General’s Chambers |
| Adrian Ooi | Attorney-General’s Chambers |
4. Facts
- The accused was charged with 16 counts of statutory rape and 26 counts of carnal intercourse against the order of nature.
- The alleged victim was the accused's step-daughter, who was under 14 years of age at the time of the alleged offences.
- The offences allegedly occurred between January 2005 and February 2007.
- The accused made statements to the police and a psychiatrist admitting to the sexual acts.
- The accused later claimed that the statements were made involuntarily due to fear and coercion.
- The step-daughter and the accused's wife left Singapore before the trial and were uncontactable.
- The court found the accused's statements to be voluntary and admissible as evidence.
5. Formal Citations
- Public Prosecutor v YD, CC 12/2008, [2008] SGHC 163
6. Timeline
| Date | Event |
|---|---|
| Accused married his wife. | |
| Accused came to Singapore from India to work. | |
| Accused obtained Singapore permanent resident status for his family. | |
| Alleged offences began in Telok Blangah flat. | |
| Family moved to Yishun flat. | |
| Alleged offences ended. | |
| Accused returned to Singapore from India. | |
| Accused's wife reported a breach of Personal Protection Order. | |
| Step-daughter returned to Singapore from India. | |
| Accused's wife and step-daughter lodged a police report. | |
| Accused was arrested. | |
| Accused underwent medical examination. | |
| Accused examined by Dr. Wei. | |
| Accused examined by Dr. Wei. | |
| X-ray of step-daughter's left hand examined. | |
| Step-daughter left Singapore. | |
| Accused's wife left Singapore. | |
| Step-son left Singapore. | |
| Supreme Court registry informed the accused to engage his own counsel or conduct his own defence. | |
| ASP visited the Yishun flat at night. | |
| ASP visited the Yishun flat in the morning. | |
| Judgment Date |
7. Legal Issues
- Statutory Rape
- Outcome: The court held that consent is not a defense to a charge of statutory rape under Section 375(e) of the Penal Code.
- Category: Substantive
- Voluntariness of Statements
- Outcome: The court found the accused's statements to the police and psychiatrist to be voluntary and admissible as evidence.
- Category: Procedural
- Admissibility of Evidence
- Outcome: The court admitted the statements made by the accused to the police and the psychiatrist as evidence.
- Category: Procedural
8. Remedies Sought
- Conviction
- Imprisonment
- Caning
9. Cause of Actions
- Statutory Rape
- Carnal Intercourse Against the Order of Nature (Fellatio)
10. Practice Areas
- Criminal Law
- Rape
- Sexual Offences
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| PP v Kwan Kwong Weng | Court of Appeal | Yes | [1997] 1 SLR 697 | Singapore | Cited to define fellatio as carnal intercourse against the order of nature unless engaged in consensually as a stimulant to sexual urges. |
| State of Karnataka v Mahabaleshwar Gourya Naik | Supreme Court | Yes | AIR1992 Supreme Court 2043 | India | Cited for the principle that an accused can be convicted even if the victim is unable to testify, provided there is other evidence proving the criminal act. |
| Chin Seow Noi v PP | N/A | Yes | [1994] 1 SLR 135 | Singapore | Cited for the principle that an accused person can be convicted solely on the basis of a confession made by his co-accused. |
| PP v NF | N/A | Yes | [2006] 4 SLR 849 | Singapore | Cited for guidelines on sentencing for rape. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Section 375(e) Penal Code (Cap 224, 1985 Rev Ed) | Singapore |
| Section 376(1) Penal Code | Singapore |
| Section 377 Penal Code | Singapore |
| Section 376(2) of the Penal Code | Singapore |
| Criminal Procedure Code (Cap 68, 1985 Rev Ed) | Singapore |
| s 122(6) of the Criminal Procedure Code (Cap 68, 1985 Rev Ed) | Singapore |
| s 122(5) of the Criminal Procedure Code | Singapore |
| s 122(1) CPC | Singapore |
| s 18 of the CPC | Singapore |
| s 230 of the CPC | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Statutory Rape
- Fellatio
- Voluntariness of Statements
- Consent
- Step-Daughter
- Carnal Intercourse
- Penal Code
- Criminal Procedure Code
15.2 Keywords
- Rape
- Statutory Rape
- Unnatural Offences
- Consent
- Statements
- Voluntariness
- Step-Daughter
- Singapore
- Criminal Law
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Sexual Offences | 95 |
| Criminal Law | 90 |
| Penal Code | 90 |
| Criminal Procedure | 85 |
| Sentencing | 80 |
| Confessions | 70 |
| Evidence Law | 60 |
| Bail | 30 |
| Prevention of Human Trafficking Act | 20 |
| Women’s Charter | 20 |
16. Subjects
- Criminal Law
- Sexual Offences
- Evidence
- Criminal Procedure