Public Prosecutor v BDA: Rape, Outrage of Modesty - Son Accused of Sexually Assaulting Mother
In Public Prosecutor v BDA, the High Court of Singapore convicted BDA of rape and outrage of modesty against his biological mother. The court, presided over by Foo Chee Hock JC, found the prosecution had proven the charges beyond a reasonable doubt, sentencing BDA to 16 years' imprisonment and 18 strokes of the cane. The charges stemmed from an incident on 4 October 2013, where BDA allegedly sexually assaulted his mother in their shared apartment. BDA appealed against the conviction.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
Conviction and sentence of 16 years’ imprisonment and 18 strokes of the cane.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
BDA was convicted of raping and outraging the modesty of his mother. The court found the prosecution proved the charges beyond a reasonable doubt.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Judgment for the Prosecution | Won | Sruthi Boppana of Attorney-General’s Chambers Sharmila Sripathy-Shanaz of Attorney-General’s Chambers Sellakumaran s/o Sellamuthoo of Attorney-General’s Chambers |
| BDA | Defendant | Individual | Conviction | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Foo Chee Hock | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Sruthi Boppana | Attorney-General’s Chambers |
| Sharmila Sripathy-Shanaz | Attorney-General’s Chambers |
| Sellakumaran s/o Sellamuthoo | Attorney-General’s Chambers |
| Lin Chunlong | Eversheds Harry Elias LLP |
| Lem Jit Min Andy | Eversheds Harry Elias LLP |
| Harry Elias | Eversheds Harry Elias LLP |
| Tan Yong Seng Nicklaus | Eversheds Harry Elias LLP |
4. Facts
- The accused, BDA, was 30 years old and worked as a safety coordinator.
- The victim, BDA's biological mother, was 53 years old at the time of the offense.
- The incident occurred on 4 October 2013, at approximately 2:30 a.m. in their shared apartment.
- The accused returned home drunk and made disturbing comments to the victim.
- The accused grabbed the victim's hand and forced her to hold his penis.
- The accused pinned the victim to the bed and penetrated her vagina without her consent.
- The victim recorded a phone conversation with the accused after the incident.
5. Formal Citations
- Public Prosecutor v BDA, Criminal Case No 25 of 2014, [2018] SGHC 72
6. Timeline
| Date | Event |
|---|---|
| Incident occurred at approximately 2:30 a.m. | |
| Victim underwent a medical examination at Singapore General Hospital at approximately 8:50 p.m. | |
| Criminal Case No 25 of 2014 filed | |
| Trial began | |
| Trial continued | |
| Trial continued | |
| Judgment delivered |
7. Legal Issues
- Rape
- Outcome: The court found that the prosecution proved beyond a reasonable doubt that the accused committed rape.
- Category: Substantive
- Sub-Issues:
- Lack of consent
- Penetration
- Related Cases:
- [2017] 2 SLR 449
- Outrage of Modesty
- Outcome: The court found that the prosecution proved beyond a reasonable doubt that the accused committed outrage of modesty.
- Category: Substantive
- Sub-Issues:
- Use of criminal force
- Intention to outrage modesty
- Wrongful restraint
- Related Cases:
- [2018] SGHC 09
- Voluntariness of Statements
- Outcome: The court admitted the statements into evidence, finding that the prosecution had discharged its burden of proving the voluntariness of the statements beyond a reasonable doubt.
- Category: Procedural
- Sub-Issues:
- Admissibility of statements
- Allegations of assault by police officers
- Sentencing
- Outcome: The court sentenced the accused to 16 years’ imprisonment and 18 strokes of the cane, taking into account the aggravating factors and the lack of remorse.
- Category: Procedural
- Sub-Issues:
- Aggravating factors
- Mitigating factors
- Sentencing guidelines
- Related Cases:
- [2017] 2 SLR 449
- [2017] SGHC 296
8. Remedies Sought
- Conviction
- Imprisonment
- Caning
9. Cause of Actions
- Rape
- Outrage of Modesty
10. Practice Areas
- Criminal Law
- Sexual Assault
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Public Prosecutor v Mohd Ariffan bin Mohd Hassan | Court of Appeal | Yes | [2018] SGCA 10 | Singapore | Cited regarding the consideration of a psychological expert’s opinion where the expert had not personally interviewed the victim and had an incomplete picture of the facts. |
| Ng Kean Meng Terence v Public Prosecutor | Court of Appeal | Yes | [2017] 2 SLR 449 | Singapore | Cited for the sentencing guidelines for rape offences. |
| Kunasekaran s/o Kalimuthu Somasundara v Public Prosecutor | High Court | Yes | [2018] SGHC 09 | Singapore | Cited for sentencing guidelines regarding outrage of modesty. |
| GBR v Public Prosecutor | High Court | Yes | [2017] SGHC 296 | Singapore | Cited for transposing the sentencing framework from Terence Ng to offences under s 354(2) of the Penal Code (outrage of modesty of a minor under 14 years old). |
| Public Prosecutor v Hue An Li | Unknown | Yes | [2014] 4 SLR 661 | Singapore | Cited for the strong case for prospective overruling. |
| Mohamed Shouffee bin Adam v Public Prosecutor | Unknown | Yes | [2014] 2 SLR 998 | Singapore | Cited in line with the totality principle and the one-transaction rule. |
| Browne v Dunn | Unknown | Yes | (1893) 6 R 67 | Unknown | Cited regarding the rule in Browne v Dunn. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Penal Code (Cap 224, 2008 Rev Ed) | Singapore |
| Section 354(1) of the Penal Code (Cap 224, 2008 Rev Ed) | Singapore |
| Section 375(1)(a) of the Penal Code (Cap 224, 2008 Rev Ed) | Singapore |
| Section 375(2) of the Penal Code (Cap 224, 2008 Rev Ed) | Singapore |
| Section 354A(1) of the Penal Code (Cap 224, 2008 Rev Ed) | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) | Singapore |
| s 307(1) of the Criminal Procedure Code (Cap 68, 2012 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Rape
- Outrage of Modesty
- Consent
- Audio Recording
- Voluntariness of Statements
- Sentencing Guidelines
- Breach of Trust
- Lack of Remorse
15.2 Keywords
- Rape
- Outrage of Modesty
- Incest
- Sexual Assault
- Singapore
- Criminal Law
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Criminal Law | 95 |
| Rape | 95 |
| Sexual Offences | 90 |
| Outrage of Modesty | 80 |
| Criminal Procedure | 60 |
| Sentencing Guidelines | 60 |
| Evidence Law | 50 |
| Criminal Revision | 30 |
16. Subjects
- Criminal Law
- Sexual Offences
- Family Law