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Filipina challenged on claim her male employer had raped her with wife's help

11 August 2022

By The SUN

 

The alleged rape will be heard for 10 days at the High Court 

A Filipina domestic helper was cross examined at the High Court on Thursday about her claim that her former male employer had raped her more than four years ago, after his wife had asked her to have sex with them in exhange for money.

The male employer, Chan Chim-tak, 48, faces one count of rape and another of attempted rape, while his wife, Lai Chi-san, 36, is charged with aiding and abetting the rape, and of indecent assault.

The offences allegedly happened on the night of Jan. 21, 2018, at the couple’s home in Hung Fuk Estate, Hung Shui Kiu in Yuen Long.

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The couple both pleaded not guilty to the offences. Chan claims the helper, who was 30 years old at the time and had been in their employ for just three months, had consented to the sexual acts that happened that night.

But in her court testimony, the helper said Chan had raped her after she refused Lai’s offer for her to sleep with them in exchange for money.

The helper, who is married and has two children back in the Philippines, told the court that on the night of the alleged offences, she had put the couple’s eight-year-old daughter and one-year-old son to sleep.

As she put the baby in a crib inside the couple’s room, Lai, who was lying in bed naked with her husband, asked the helper to sleep with them, but the helper refused. She then went to her room which she shared with the couple’s daughter.

However, Lai sent her text messages, saying things like “sir likes you” and “you like sir?”

Afterwards, Lai went to the helper's room wrapped only in a towel and asked her to go their room, saying: "Come, come, sir wants you, pay money."

When the helper refused, Lai allegedly held her by the wrist and dragged her to their room. The witness tearfully said she had no choice but to follow Lai as she did not want to lose her job.

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As soon as she entered the room, Chan closed the door and tried to grab her. The helper said she resisted but Chan threw her on the bed.

All this time, Lai was lying on one side of the bed and when the helper turned to her for help, she merely said, “It’s ok, it’s ok.”

The helper said she shouted for help as Chan said “madam ok, madam ok”. The couple laughed at her while she pleaded for help.

Chan then pressed her down on the bed, kissed her on the lips and unhooked her bra before kissing her breasts, then took off all her clothes. He then performed oral sex on her before raping her.

Lai also allegedly gave her husband oral sex to help him get an erection so he could rape the helper.

The complainant said that after the assault, Chan told his wife to buy her contraceptive pills, then stuffed $150 worth of bills into her hand, telling her to keep her mouth shut.

But the helper complained to her employment agency about the assault, then went to the police early the next day to file a complaint. A subsequent medical examination showed Chan’s DNA was inside the helper’s body.

It also emerged during her cross examination that the helper had served a notice of termination of her contract 14 days before the incident, citing Lai's bad attitude towards her.

When questioned by the police, Chan admitted that he had sex with the helper but claimed it was just "a deal."

But during cross examination, barrister Priscilla Lam who is acting for Chan, questioned the helper’s credibility. The defense counsel showed text messages between Lai and the helper, which seemed to suggest that the latter’s work performance was unsatisfactory.

Lam said that around Dec 9 and 10, the helper had indicated she wanted to quit. "By that time, you had already harboured a feeling of dislike and even hatred towards this family."

The helper did not dispute this, saying that she had in fact served a one month’s notice to terminate her contract on Jan 8, 2018 because of Lai’s poor treatment of her and of her own children. 

The defense also tried to suggest to the helper that she had been lying about the alleged rape and that in fact she had consented to the sex acts, but she rejected the claim.

In particular, the helper was asked why she told the court that she was pushed by Chan to the bed before raping her, when in her police statement she said she was carried by the male employer to the bed when she tried to flee.

Lam also pointed out to her that she did not mention in her police statement Lai’s supposed “it’s ok” and Chan’s “madam, ok” assurances while she was being sexually assaulted.

The helper said the incidents happened a long time ago and she was asked to give her statement sometime around 1am or 2am, during which she was pressured to wind it up.

The trial before Mr Justice Alex Lee began on Monday and is expected to last for 10 days. It continues tomorrow.

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