Public Prosecutor v BMD: Rape and Sexual Assault of Vulnerable Victim

In Public Prosecutor v BMD, the High Court of Singapore convicted BMD on six charges of rape and sexual assault against his half-sister, S, who has mild mental retardation. The incidents occurred over two nights in March 2010. The court, presided over by Justice Tay Yong Kwang, sentenced BMD to a total of 22 years' imprisonment and 24 strokes of the cane, finding S's testimony credible and rejecting the accused's defense of complete denial.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Accused found guilty on all six charges.

1.3 Case Type

Criminal

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

BMD was convicted of rape and sexual assault against his half-sister, a vulnerable adult with mild mental retardation. The High Court sentenced him to 22 years' imprisonment and 24 strokes of the cane.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Public ProsecutorProsecutionGovernment AgencyJudgment for the ProsecutionWon
Kavita Uthrapathy of Attorney-General’s Chambers
Sellakumaran Sellamuthoo of Attorney-General’s Chambers
BMDDefendantIndividualAccused found guiltyLost

3. Judges

Judge NameTitleDelivered Judgment
Tay Yong KwangJudgeYes

4. Counsels

Counsel NameOrganization
Kavita UthrapathyAttorney-General’s Chambers
Sellakumaran SellamuthooAttorney-General’s Chambers
S K KumarS K Kumar Law Practice LLP

4. Facts

  1. The accused is the half-brother of the victim.
  2. The victim has an IQ of 58, placing her in the mild mental retardation range.
  3. The accused committed the acts in his flat while his wife and son were present.
  4. The victim testified that she did not consent to any of the sexual activities.
  5. The accused denied all charges, claiming he was too drunk to commit the acts.
  6. The accused's wife initially gave statements implicating the accused but later recanted her testimony.
  7. The victim had a prior sexual encounter with an Indian man after fleeing the accused's flat.

5. Formal Citations

  1. Public Prosecutor v BMD, Criminal Case No 5 of 2012, [2013] SGHC 235

6. Timeline

DateEvent
S brought to stay with the accused.
First night of sexual assault.
S ran away from the accused’s flat.
S returned to R’s flat.
Accused arrested and kept in custody.
New Criminal Procedure Code came into operation.
Judgment issued.

7. Legal Issues

  1. Rape
    • Outcome: Accused found guilty of rape.
    • Category: Substantive
    • Related Cases:
      • [2006] 4 SLR(R) 849
  2. Digital-anal penetration
    • Outcome: Accused found guilty of digital-anal penetration.
    • Category: Substantive
  3. Penile-anal penetration
    • Outcome: Accused found guilty of penile-anal penetration.
    • Category: Substantive
  4. Fellatio
    • Outcome: Accused found guilty of fellatio.
    • Category: Substantive
  5. Admissibility of Marital Communications
    • Outcome: Court ruled that all marital communications between the accused and his wife would be excluded from the evidence.
    • Category: Procedural

8. Remedies Sought

  1. Criminal Prosecution
  2. Imprisonment
  3. Caning

9. Cause of Actions

  • Rape
  • Sexual Assault

10. Practice Areas

  • Criminal Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
PP v NFCourt of AppealYes[2006] 4 SLR(R) 849SingaporeCited for the definition of Category 2 rape and aggravating factors.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Penal Code (Cap 224, 2008 Rev Ed), s 375(2)Singapore
Penal Code (Cap 224, 2008 Rev Ed), s 376(3)Singapore
Criminal Procedure Code (Cap 68, 2012 Rev Ed)Singapore
Criminal Procedure Code, s 328Singapore
Evidence Act (Cap 97, 1997 Rev Ed) s 124Singapore
Criminal Procedure Code, s 147(1)Singapore
Evidence Act, s 147(3)Singapore
Criminal Procedure Code, s 307(1)Singapore
Criminal Procedure Code, s 328(2)Singapore
Criminal Procedure Code, s 328(6)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Rape
  • Sexual assault
  • Mental retardation
  • Marital communications
  • Penile-vaginal penetration
  • Penile-anal penetration
  • Digital-anal penetration
  • Fellatio

15.2 Keywords

  • Rape
  • Sexual assault
  • Incest
  • Vulnerable victim
  • Mental disability
  • Singapore
  • Criminal law

17. Areas of Law

Area NameRelevance Score
Criminal Law95
Sexual Offences95
Evidence Law60
Criminal Revision30

16. Subjects

  • Criminal Law
  • Sexual Offences
  • Evidence Law