Public Prosecutor v BUT: Abetment of Rape and Sexual Assault by Penetration
In Public Prosecutor v BUT, the High Court of Singapore sentenced BUT to 23 years and 11 months' imprisonment and 24 strokes of the cane after he pleaded guilty to three charges: two charges of abetment of rape and one charge of abetment of sexual assault by penetration. BUT conspired with SM to rape and sexually assault V, resulting in SM penetrating V's vagina and digitally penetrating her without her consent. The court considered 54 other charges for sentencing, including additional acts of abetment of rape and outrage of modesty, as well as the making of obscene films. BUT has appealed against the decision on sentence.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
BUT sentenced to 23 years and 11 months’ imprisonment and 24 strokes of the cane.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
BUT pleaded guilty to abetting SM in raping and sexually assaulting V. The court sentenced BUT to 23 years and 11 months' imprisonment and 24 strokes of the cane.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Successful Prosecution | Won | Ng Yiwen of Attorney-General’s Chambers Asoka Markandu of Attorney-General’s Chambers Eunice Lau of Attorney-General’s Chambers |
| BUT | Defendant | Individual | Convicted and Sentenced | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Audrey Lim | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Ng Yiwen | Attorney-General’s Chambers |
| Asoka Markandu | Attorney-General’s Chambers |
| Eunice Lau | Attorney-General’s Chambers |
| Mohamed Baiross | I.R.B Law LLP |
| Ashwin Ganapathy | I.R.B Law LLP |
4. Facts
- BUT and V were in a relationship and engaged in sexual activities.
- BUT was interested in "soft-bondage" and persuaded V to participate.
- BUT regularly recorded their sexual intercourse, promising to delete the videos.
- BUT contacted SM and disclosed his fantasy of a threesome with V.
- BUT arranged for SM to secretly join him and V in a hotel room.
- BUT blindfolded and tied V, creating an opportunity for SM to sexually assault her without her knowledge.
- SM penetrated V's vagina and digitally penetrated her while BUT recorded the events.
- V woke up during the assault and realized she was being penetrated by someone other than BUT.
- BUT deleted the videos after V discovered the assault and threatened to report it to the police.
5. Formal Citations
- Public Prosecutor v BUT, Criminal Case No 13 of 2018, [2019] SGHC 37
6. Timeline
| Date | Event |
|---|---|
| First incident of rape and sexual assault by penetration occurred at B Hotel | |
| Second incident of rape occurred at A Hotel | |
| Prosecution and Defence submitted on sentencing | |
| BUT pleaded guilty to three charges | |
| Sentencing hearing | |
| Hearing date | |
| Judgment issued |
7. Legal Issues
- Abetment of Rape
- Outcome: The court found the defendant guilty of abetting rape.
- Category: Substantive
- Sub-Issues:
- Conspiracy to commit rape
- Abuse of trust
- Premeditation
- Deception
- Vulnerability of victim
- Related Cases:
- [2017] 2 SLR 449
- [2017] 2 SLR 1015
- Abetment of Sexual Assault by Penetration
- Outcome: The court found the defendant guilty of abetting sexual assault by penetration.
- Category: Substantive
- Sub-Issues:
- Conspiracy to commit sexual assault
- Abuse of trust
- Premeditation
- Deception
- Vulnerability of victim
- Related Cases:
- [2017] 2 SLR 449
- [2017] 2 SLR 1015
- Sentencing Considerations
- Outcome: The court considered both aggravating and mitigating factors in determining the appropriate sentence.
- Category: Procedural
- Sub-Issues:
- Offence-specific aggravating factors
- Offender-specific aggravating factors
- Mitigating factors
- Totality principle
- Related Cases:
- [2015] 5 SLR 122
- [2017] 2 SLR 68
8. Remedies Sought
- Imprisonment
- Caning
9. Cause of Actions
- Abetment of Rape
- Abetment of Sexual Assault by Penetration
10. Practice Areas
- Criminal Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Ng Kean Meng Terence v Public Prosecutor | Court of Appeal | Yes | [2017] 2 SLR 449 | Singapore | Cited for the sentencing framework for rape and digital-penetration offences. |
| Pram Nair v Public Prosecutor | Court of Appeal | Yes | [2017] 2 SLR 1015 | Singapore | Cited for the sentencing framework for rape and digital-penetration offences. |
| Public Prosecutor v BQW | High Court | Yes | [2018] SGHC 136 | Singapore | Cited to distinguish the level of trust involved in the present case compared to precedents. |
| Public Prosecutor v Koh Rong Guang | High Court | Yes | [2018] SGHC 117 | Singapore | Cited to compare aggravating factors in the present case with those in precedents. |
| Vasentha d/o Joseph v Public Prosecutor | Court of Appeal | Yes | [2015] 5 SLR 122 | Singapore | Cited regarding the deletion of incriminating evidence as an aggravating factor. |
| Chang Kar Meng v Public Prosecutor | Court of Appeal | Yes | [2017] 2 SLR 68 | Singapore | Cited regarding the weight given to a plea of guilt in sentencing. |
| Public Prosecutor v V Murugesan | High Court | Yes | [2005] SGHC 160 | Singapore | Cited for the principle that rape violates the victim's right to choose how and who she has sex with. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Section 375(1)(a) of the Penal Code, Chapter 224 | Singapore |
| Section 375(2) of the Penal Code, Chapter 224 | Singapore |
| Section 109 of the Penal Code, Chapter 224 | Singapore |
| Section 376(2)(a) of the Penal Code, Chapter 224 | Singapore |
| Section 376(3) of the Penal Code, Chapter 224 | Singapore |
| Section 148(3) of the Criminal Procedure Code (Cap 68, 2012 Rev Ed) | Singapore |
| Section 328(6) of the Criminal Procedure Code | Singapore |
| s 354(1) read with s 109 of the Penal Code (Cap 224, 2008 Rev Ed) | Singapore |
| s 29(1) and punishable under s 29(1)(a) of the Films Act (Cap 107, 1998 Rev Ed) | Singapore |
| s 509 of the Penal Code | Singapore |
| s 30(1) and s 21(1)(a) of the Films Act | Singapore |
| s 292(1)(a) of the Penal Code | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Abetment
- Rape
- Sexual Assault
- Penetration
- Conspiracy
- Soft-bondage
- Threesome
- Abuse of Trust
- Premeditation
- Deception
- Vulnerability
- Obscene Films
15.2 Keywords
- Abetment
- Rape
- Sexual Assault
- Singapore
- Criminal Law
- Sentencing
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Criminal Law | 95 |
| Sentencing | 90 |
| Criminal Procedure | 90 |
| Sexual assault by penetration | 90 |
| Rape | 90 |
| Abetment | 85 |
| Penal Code | 70 |
| Criminal Revision | 30 |
16. Subjects
- Criminal Procedure
- Sentencing
- Sexual Offences