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Man Claims Consent in Alleged Assault on Intoxicated Woman

 


A 36-year-old Singaporean man, Jasper Lee Loong Kuan, has claimed trial to one charge of rape at the High Court. The case involves an alleged assault on a work acquaintance following a dinner to celebrate their shared birthdays in September 2021.

The alleged victim, whose identity is protected by a court order, was known to Lee through professional channels. She had worked as a customer service officer for a company since 2008, liaising with shippers, and Lee was a client in his capacity as a managing director of his own company. After a period of leaving the company, the woman rejoined in February 2020 and resumed occasional contact with Lee. As they shared the same birthday, they agreed to meet for a celebratory dinner.

On the day in question, they met at approximately 5:40 PM at a restaurant located within the VivoCity shopping mall. During the meal, they each consumed a glass of red wine, and Lee ordered two additional bottles, which they finished. The prosecution stated that the woman began to feel intoxicated and expressed her desire to go home, to which Lee offered to drive her.

They departed the restaurant at around 8:35 PM. The prosecution intends to submit closed-circuit television footage from the restaurant that reportedly shows the woman exhibiting clear signs of intoxication, including disorientation and an unsteady walk. The subsequent 35-minute car journey was captured by a front-facing dashboard camera, which recorded both the route and audio from inside the vehicle. This evidence is expected to show the woman vomiting and slurring her words, further indicating her inebriated state.

Upon arrival at the open-air car park near the woman's residence, Lee assisted her to the lift. Further CCTV and police camera footage from approximately 9:23 PM is said to show the woman remaining unsteady and requiring Lee's support. The alleged victim is expected to testify that Lee followed her into her home unit. She states that he patted her back as she attempted to vomit into a toilet bowl before she moved to her bedroom to lie down.

The woman's account states that as she was drifting in and out of consciousness, she became aware of Lee on top of her. She allegedly tried to push him away but was too weak to offer any effective physical resistance. Footage will show Lee leaving the unit at about 9:50 PM. Almost simultaneously, the woman placed a call to the emergency services. The prosecution will submit an audio recording of this call, stating the victim's distress is "clearly audible." She also allegedly sent a message to Lee minutes later stating, "You are too much."

Police officers responding to the call arrived at the unit at approximately 10:05 PM. They found the woman crouching behind the door, undressed. She immediately informed them that she had been raped by Lee. Body-worn camera footage from the responding officers will be submitted as evidence. The woman was later examined at a hospital, where she provided urine and blood samples between 4:00 AM and 5:00 AM. Analysis of her blood specimen found 82mg per 100ml of ethanol.

The prosecution is calling 31 witnesses, including a senior consultant from the Institute of Mental Health who will testify that the victim's level of intoxication rendered her incapable of consenting to sexual activity. The prosecution's case is that the victim lacked the capacity to consent and, even if she had capacity, did not give consent. Lee is represented by lawyers who will argue a defence of consent or that he was mistaken about her consent. The trial began with a forensic pathologist providing evidence on the woman's likely blood alcohol level at the material time. If convicted, Lee faces a potential penalty of up to 20 years imprisonment, a fine, and caning.

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