Filipino resident jailed nearly 4 years for rape

By Vir B. Lumicao

High Court judge says defendant's failure to use condom made the rape worse 

A Hong Kong-born Filipino man who has pleaded guilty to raping a relative of his sister-in-law in January last year in Lantau was sentenced today, Apr 12, in the High Court to 3 years and 10 months in jail.

Mark Angelo Roxas was sentenced by Court of First Instance Judge Douglas Yau who  had postponed sentencing until a psychologist’s report on the defendant was submitted to him.

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The report said the defendant might have misread the victim’s replies to his suggestion of making love with her as giving consent to his wishes.

In sentencing, Yau pointed out that the offense happened inside the flat of the victim, a Filipina resident. Roxas, an invited guest, had assaulted the victim, identified only as “X,” while she was asleep, and didn’t even bother to wear a condom to protect the victim.

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For the rape, Yau applied the minimum sentence of 5 years but added 9 months for Roxas not wearing a condom during the attack. After giving a discount for the defendant’s guilty plea, the judge came up with 3 years and 10 months.

But as Roxas had been detained since his arrest on Jan 30 last year, he has now served over a year, and will remain in jail for the remaining part of his sentence.

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The victim was identified in court as a cousin of the wife of Roxas’ elder brother, and the two had known each other for some time.

The court was told Roxas was born in Hong Kong to a Filipino permanent resident. He had moved to Macau for work but had visited Hong Kong to spend the Christmas holiday with his father and sibling.

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The incident happened on Jan 30 after the victim invited her friends and family to her flat in Tung Chung for drinks after they had all gathered for a barbecue.

At 2:30am, X excused herself from the party and went to her bedroom to sleep but left the door unlocked. She awoke around 5am when she sensed someone was thrusting something in her genitals, and found the defendant lying behind her in bed.

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X said Roxas penetrated her about 10 times and, when he was done, rose naked from the waist down and left the room. She followed him to the living room and hit his head with a frying pan.

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Roxas escaped and went to the hospital to have his head injury treated, telling staff he had an accident. But by then, his brother had already called the police, who tracked the defendant down and arrested him.

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