Man, 71, gets jail for molesting daughter more than 20 years ago

SINGAPORE: A 71-year-old man was sentenced to 16 months' jail on Monday (Jun 29) for molesting his daughter more than 20 years ago when she was between five and seven years old.

The man cannot be named to protect the identity of his daughter, now aged 32. He had contested two charges of molestation but was convicted of outraging his daughter's modesty twice.

The defence had sought judicial mercy, referring to the wheelchair-bound man's various medical conditions including end-stage renal failure.

However, the judge noted the abuse of trust, the fact that the victim was vulnerable and evidence that she had suffered psychological harm.

She said that the prisons had an adequate system of healthcare delivery in place and the need for retribution, punishment and deterrence is strong in this case.

THE CASE

The man had been convicted in July last year of molesting his daughter twice between 1999 and 2001.

The victim testified that her father had molested her while she was unwell and napping on the living room couch. 

He also molested her in the living room on a second occasion when her mother walked past them and told him to stop what he was doing.

No one else witnessed the acts. The mother denied what happened, and the victim testified at trial that the molestation occurred often, estimating that she was molested 50 to 100 times.

The victim confided in two boyfriends about being molested by her father and finally moved out in August 2015 after she "snapped" during a family trip when she found it frustrating and difficult to be around her father.

The victim studied overseas and later returned to Singapore, filing a police report when she was an adult.

She explained at trial that she had been in denial at the time of the offences and did not want to confront the fact that her own father had been molesting her.

Even as she matured and recognised that she had been abused, she did not want others to find out because she felt it was an "extremely shameful thing".

The prosecution had argued that the delay in the victim's disclosure of the incidents should not have a negative impact on her credibility.

Defence lawyer Chung Ting Fai had urged the judge to acquit his client, claiming that the victim had told her mother about the sexual abuse to get financial support from her mother to move out.

He also said that the victim "seemed to attribute many unfortunate events in her life to the alleged sexual abuse" and had a history of being hospitalised because of breakdowns from stress in her studies or romantic relationships.

In sentencing, District Judge Carol Ling noted that the contact was skin-on-skin during the molestations and the victim was very young and was the biological daughter of the accused.

Although she noted that the offender had no prior convictions, he did not plead guilty and therefore, had no sentencing discount.

She noted the arguments on the man's many health problems, but said that the prisons had confirmed that they can refer inmates to public hospitals for treatment and management of medical conditions if necessary.

He can also undergo dialysis treatments when serving his sentence.

Judge Ling said there was nothing exceptional about the offender's case that warranted the exercise of judicial mercy, but said she was prepared to give his ill health some consideration in sentencing.

The man intends to appeal against his conviction and sentence.

For each charge of molestation, he could have been jailed for up to two years or fined, or both. He cannot be caned since he is above 50 years old.