Public Prosecutor v CJK: Rape and Sexual Offences Against a Minor

In Public Prosecutor v CJK, the General Division of the High Court of Singapore, on July 9, 2024, convicted CJK on three charges of sexual offences against V, a minor. The court, presided over by Audrey Lim J, found V's testimony unusually convincing and rejected CJK's inconsistent defense. The charges included rape and acts intending to outrage modesty, all occurring in 2014 when V was under 14 years old. The court emphasized the violation of trust, as CJK was a trusted figure to V.

1. Case Overview

1.1 Court

General Division of the High Court of the Republic of Singapore

1.2 Outcome

Conviction on all charges

1.3 Case Type

Criminal

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

CJK faced charges for sexual offences against V, a minor. The court found CJK guilty of rape and other sexual offences, emphasizing V's credible testimony.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Public ProsecutorProsecutionGovernment AgencyJudgment for ProsecutionWon
Niranjan Ranjakunalan of Attorney-General’s Chambers
Christina Koh of Attorney-General’s Chambers
Yee Jia Rong of Attorney-General’s Chambers
CJKDefendantIndividualConvictionLost

3. Judges

Judge NameTitleDelivered Judgment
Audrey LimJudge of the High CourtYes

4. Counsels

Counsel NameOrganization
Niranjan RanjakunalanAttorney-General’s Chambers
Christina KohAttorney-General’s Chambers
Yee Jia RongAttorney-General’s Chambers
Tanjeetpal Singh KhairaOon & Bazul LLP
Eoon Zizhen BenedictWen Zhizhen

4. Facts

  1. D was in a romantic relationship with V's mother, K, and was known to V as "Uncle [D]".
  2. D assisted K with household chores and babysitting V at the Flat.
  3. V asked D to massage her due to neck and shoulder pain.
  4. D massaged V on multiple occasions, leading to the alleged incidents.
  5. V disclosed the sexual assaults to a counsellor and course-mates in 2020.
  6. V lodged a police report in 2020, leading to D's arrest.
  7. D initially admitted to some of the acts but later qualified his admissions during the trial.

5. Formal Citations

  1. Public Prosecutor v CJK, Criminal Case No 19 of 2024, [2024] SGHC 175

6. Timeline

DateEvent
Alleged sexual offences occurred
V disclosed the sexual assault to course-mates and K
K accompanied V to lodge a police report
D was arrested
Two statements recorded from D pursuant to s 22 of the Criminal Procedure Code
A cautioned statement recorded on 25 November 2020 pursuant to s 23 of the CPC
A statement recorded on 26 November 2020 pursuant to s 22 of the CPC by VRI
Two cautioned statements recorded on 22 August 2022 pursuant to s 23 of the CPC
Case for the Defence dated 11 August 2023 filed
Statement of Agreed Facts filed
Trial began
Defence’s Closing Submissions dated 14 June 2024
Judgment issued

7. Legal Issues

  1. Rape
    • Outcome: The court found that the prosecution proved beyond a reasonable doubt that the defendant committed rape.
    • Category: Substantive
    • Sub-Issues:
      • Penetration without consent
      • Credibility of complainant's testimony
  2. Outraging Modesty
    • Outcome: The court found that the prosecution proved beyond a reasonable doubt that the defendant used criminal force with the intention to outrage the modesty of the victim.
    • Category: Substantive
    • Sub-Issues:
      • Use of criminal force
      • Intention to outrage modesty
  3. Credibility of Witness Testimony
    • Outcome: The court found the victim's testimony to be unusually convincing, despite some inconsistencies, and found the defendant's testimony to be inconsistent and untruthful.
    • Category: Procedural
    • Sub-Issues:
      • Consistency of testimony
      • Demeanor of witness
      • Impact of delay in reporting

8. Remedies Sought

  1. Criminal Prosecution
  2. Punishment under the Penal Code

9. Cause of Actions

  • Rape
  • Use of Criminal Force to Outrage Modesty

10. Practice Areas

  • Criminal Law
  • Sexual Assault

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
AOF v Public ProsecutorCourt of AppealYes[2012] 3 SLR 34SingaporeCited for the principles regarding the sufficiency of a complainant's testimony and the approach to corroboration in sexual offence cases.
Public Prosecutor v GCK and another matterHigh CourtYes[2020] 1 SLR 486SingaporeCited regarding the individual's capacity for observation and memory recall and the scrutiny of a witness’s testimony.
Loh Siang Piow (alias Loh Chan Pew) v Public ProsecutorHigh CourtYes[2023] SGHC 74SingaporeCited regarding the inability of a victim to remember every aspect of his or her traumatic experience does not in itself undermine the credibility of his or her testimony
Public Prosecutor v Mohd Ariffan bin Mohd HassanCourt of AppealYes[2019] 2 SLR 490SingaporeCited regarding disclosures of abuse are often tentative, may involve some telling and then retracting, may be partial or full, and may occur over time
Public Prosecutor v Yap Pow FooHigh CourtYes[2023] SGHC 11SingaporeCited regarding the prior statements of an accused to the police can constitute corroborative evidence
Public Prosecutor v Ridhaudin Ridhwan bin Bakri and othersHigh CourtYes[2019] SGHC 105SingaporeCited regarding the prior statements of an accused to the police can constitute corroborative evidence
Public Prosecutor v Koh Rong GuangHigh CourtYes[2018] SGHC 117SingaporeCited regarding a victim of sexual assault cannot always be expected to provide a completely similar and full account every time he or she discloses the offence to another person

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Penal Code (Cap 224, 2008 Rev Ed)Singapore
Section 375(1)(b) of the Penal Code (Cap 224, 2008 Rev Ed)Singapore
Section 375(3)(b) of the Penal Code (Cap 224, 2008 Rev Ed)Singapore
Section 354(2) of the Penal CodeSingapore
Criminal Procedure Code (Cap 68, 2012 Rev Ed)Singapore
s 22 of the Criminal Procedure Code (Cap 68, 2012 Rev Ed)Singapore
s 23 of the Criminal Procedure CodeSingapore
s 267 of the Criminal Procedure CodeSingapore
s 128 of the Criminal Procedure CodeSingapore
Evidence Act 1893 (2020 Rev Ed)Singapore
s 159 of the Evidence Act 1893 (2020 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Rape
  • Sexual Assault
  • Outrage Modesty
  • Penetration
  • Consent
  • Credibility
  • Testimony
  • Involuntary Defence
  • VRI
  • Molest Incident

15.2 Keywords

  • Rape
  • Sexual Assault
  • Criminal Law
  • Singapore
  • High Court
  • Conviction
  • Minor
  • Credibility
  • Testimony

17. Areas of Law

Area NameRelevance Score
Criminal Law95
Sex Crimes90
Sexual Offences90
Criminal Procedure30
Evidence Law25

16. Subjects

  • Criminal Law
  • Sexual Offences
  • Evidence
  • Procedure