A father who is indicted for raping his older daughter twice and forcing her to perform physical acts on him in 2016 claimed that the acts were consensual and begun by the alleged victim.
The 52-year-old man claimed that his daughter, then 23, whom he shared a room with, had removed his shirt after he turned off the lights in the wee hours of 25 March 2016, telling him that she was “sensual”.
Presenting the defense’s case on Monday (18 November), lawyer Lau Wen Jin told the court that the charge of molestation should be amended to incest.
In the event that the defendant loses to argue its case that the physical acts were consensual, Lau said he would rely on the defense that the man had missed his daughter’s consent.
The man also has a younger daughter and a boy.
In March 2016, the older daughter was jobless and had chronic alcoholism since at least 2015, Lau told the court. She also took high-grade narcotics after the alleged molestation incident, he added.
The woman, now 27, also had relationship difficulties with her husband and accused her father of her failed wedlock.
It was her mom, who is divorced from her father, who filed a police report after she felt hurt by the way her ex-husband had touched their daughter, said the attorney.
The man, who cannot be described to protect his daughter’s identity, is contesting nine charges, including aggravated abuse, aggravated physical assault by penetration, aggravated molest, and criminal threatening.
He is indicted for holding a penknife against his daughter’s neckline on 27 March 2016 between 3 am and 6 am and later committing the physical offenses against her.
According to the man’s statement, he first had consensual intimate twice with his daughter on 25 March 2016, after drinking alcohol with her.
At about 4 am, as the two were in the room, his daughter touched him and made him perform physical acts on her, the man said. Nobody else was at the residence at the time, according to him.
“She caught onto my waist, I kept on staring at her face. I knew that I was making a blunder.
“I was thinking in my mind I’m not her man and I’m not her lover. I do not know whether she knew that or not but she felt that her sensual feeling was more important so she told me to do it,” he said.
He ultimately gave in to her and had unprotected intimate with his daughter. After the first encounter, the daughter ostensibly requested her dad to “make her happy again”.
The man complied as he knew that his girl would be furious if he did not.
When questioned if he had at any point stopped her, the man said that he had basically told her, “We shouldn’t do such a thing”.
“She said she felt horny and she said cannot manage herself and she said that there was no one at home and told me to do it and make her comfortable,” he said.
He continued that he had never hit her and would just give in to her, even if she abused him.
“Her happiness is everything to her and only her happiness is vital for her, she doesn’t care about what others will think.”
The man left for a job later that morning after promising his daughter not to disclose the incident to anyone else. He claimed that he was unable to work properly as he kept tearing and making lapses.
Two days next, the two repeated the acts in the bedroom, with the daughter taking herself on him, according to the man. He became passionate when recounting the event.
“I told her, ‘Can’t you see that I’m your dad?’ I asked her if I was her man or lover…She told me to do it,” he said tearfully.
The man was also questioned about two penknives that he had in his property, including the one that he allegedly used in the episode. He said his company had given them to him for opening boxes and receptacles and denied taking out them out on 27 March.
“If I wanted to cut her I would cut her on the day itself, why would I want to use the knife and frighten her?
“She told me to wait in the house and made me pay for this and that and now she’s telling such stories. I swear upon my mom that I did not use the knife at all.”
Explaining his relationship with his older daughter then, the man said that she was “loving” and talked to him openly about her difficulties. He also advised her against her partner, whom he regarded as a good for nothing.