Student who allegedly forced underage schoolmate into sex has case to answer
A 17-year-old male student who allegedly forced his 13-year-old female schoomate into sex multiple times in 2019 has a case to answer, the Eastern Magistrates' Courts ruled on Thursday.
The American male student had earlier pleaded not guilty to a count of indecent conduct towards a child under age 16, two counts of unlawful sexual intercourse with a girl under 16, and one count of procurement by threats.
Magistrate Leung Ka-kie will hand down a judgment on December 10.
The male student allegedly asked the girl, referred as X in court, to perform oral sex on him at a male shower room in a clubhouse on Hong Kong Island, and allegedly had unlawful sexual intercourses with her in another club house on Hong Kong Island on three separate days between April and May in 2019.
In June 2019 at a building’s rooftop on Stanley Main Street, he had allegedly threatened X by saying he would not leave the place in order to procure her to have sex with him.
The student didn't appear in the court on Thursday. The defense on the other hand read the testimonies written by nine character witnesses, including the school's principal, the coach of the basketball team and the parents of his classmates.
The principal said the student respects others and he has a strong sense of responsibility, while the coach added the student is passionate about sports and he is always happy to guide juniors and help others.
When making the closing statement, the defense said X could have told her family and friends after the first incident took place. However, she had only reported to police and alleged that the student raped her 16 months after the incident, defense pointed out, adding that X later even went to the defendant's home alone.
The defense continued that the prosecution didn't provide a medical report to prove that X is a virgin in the first place and X failed to recognize the defendant during the identification procedure, claiming that she forgot to wear her glasses.
X claimed the incident has a significant impact on her and she is now diagnosed with post-traumatic stress disorder, making her unable to attend any social event. Yet the defense referred to X's social media and said she once attended a boat party in a bikini and even took photos with the defendant standing next to her.
The lawyer said X attended a Hallowe'en party just two days before the trial of the student commenced and challenged X for making up stories in court.