Oral sex with underage girl can be legal
Adults who receive oral sex from underaged girls are not breaking the law unless they touch them, a court heard yesterday.
'Oral sex itself will not amount to an indecent assault,' defence barrister Cheng Huan SC said, adding that it was impossible to 'assault' someone without touching them.
'If a girl says 'I want to have oral sex with you' and he does nothing while she performs it, is he guilty of indecent assault?' Mr Cheng asked the Court of Appeal.
Police discovered his client, a teacher, receiving oral sex from a 14-year-old pupil in the back seat of his car on May 2 last year.
The 32-year-old's hand was up her school uniform.
Mr Cheng conceded that his client had admitted 'fondling' the girl, but said there was no evidence he had touched her indecently.
'He could have meant fondling her toes,' the barrister said.
Mr Justice Noel Power, Mr Justice Michael Stuart-Moore and Mr Justice Simon Mayo rejected the teacher's appeal.
'While an adult who invites a child to touch his private parts without force does not commit indecent assault when there is no hostile act, this is not a case about a simple isolated touching by the victim of the teacher,' Mr Justice Stuart-Moore said.
'The continuation of that act of oral sex on the part of the teacher is sufficient assault by him upon the young victim.
'It would have been otherwise if the victim had tried to indulge in oral sex with the defendant and the defendant had drawn away.' Last September, a District Court judge sentenced the molester, who has a wife and son, to 15 months in jail for indecent assault.
The teacher had also faced two counts of unlawful sexual intercourse with the girl, but those charges were dropped.
He and his victim were discovered parked in Tai Tong Country Park, Yuen Long.
The 32-year-old was the teenager's volleyball coach and her maths and computer studies teacher.
He had denied all the charges.