Safety guard admits molesting intellectually disabled lady on Hong Kong constructing web site
Shah Arshad, 41, pleaded responsible to at least one rely of indecent assault, after prosecutors agreed to not pursue a extra critical cost of buggery, which they left on courtroom file.
The Excessive Courtroom heard his sufferer was a 27-year-old lady with reasonable retardation and the psychological age of an eight-year-old, who typically sneaked out from her residential house in Kwun Tong.
She returned one night on December 17, 2017 in hurried steps, shouting whereas overlaying her mouth with each fingers: “A gweilo kissed me right here.”
“Gweilo” is a Cantonese time period, referring to non-Chinese language individuals.
Upon additional inquiries, she added that she had been to a spot with many vans, the place a bearded man took off her garments, kissed her, groped her and rubbed her genitals together with his penis.
She additionally claimed that the person had induced ache to her buttocks.
Shah was recognized on a building web site after police took the girl for a sweeping search of the close by space.
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Subsequent medical examination of the sufferer revealed that she had gentle tenderness over her higher chest, redness on her decrease stomach and a 0.5cm tear to her decrease rectum, with a small quantity of blood.
A forensic pathologist mentioned the rectal tear may have been brought on by the insertion of an object reminiscent of a finger or a penis, or by passing faeces.
On Tuesday, defence lawyer Diane Crebbin mentioned in mitigation that her shopper felt extraordinarily remorseful and sorry in the direction of the sufferer for he had “foolishly yielded to temptation to get intimate”.
He would have by no means touched her if he had been conscious of her psychological abnormality
Diane Crebbin, for the defence
In accordance with the defence’s model of occasions, Shah had rescued the lady from barking canines on the constructing web site, which prompted her to observe him right into a hut within the hope of befriending him, since she didn’t like her residential house within the first place.
There, she allegedly ignored his requests for her to depart, stroked his face and took off her decrease clothes.
Unaware that she was incapable of consent, Shah then molested her.
“He felt very ashamed,” Crebbin continued. “He would have by no means touched her if he had been conscious of her psychological abnormality.”
The counsel additionally pressured that Shah had by no means penetrated the sufferer in any approach, and identified that he had stopped molesting her as quickly as he realised she should have had some type of psychological incapacity.
Indecent assault is punishable by 10 years’ imprisonment.
Sentencing was adjourned to April 3, pending an impression evaluation on the sufferer.