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Hong Kong courts

Indonesian helper who said new Hong Kong employer raped her accused of making story up because she could not cope with family’s demands

  • Defence lawyer attacks helper and says she framed employer because she wanted to leave without losing termination fee
  • Judge shuts down questions about state of alleged victim’s marriage calling them ‘inappropriate’
PUBLISHED : Friday, 11 January, 2019, 9:45pm
UPDATED : Friday, 11 January, 2019, 9:45pm

An Indonesian domestic helper who testified to being raped by her employer five days into her job was on Friday accused of fabricating the assault so she could work for a new family.

Defence counsel Chan Pak-kong suggested the helper kept his client’s semen-stained boxers and transferred the fluid onto her clothes and sheets to frame him, because she found her job too demanding and wanted a new one without losing termination fees.

Chan also questioned the alleged victim’s relationship with her husband in Indonesia, after attacking her account of the sexual assault.

“Do you think you love your husband?” he asked. “What is your relationship with your husband? Is it good or bad?”

But both questions were shot down by Madam Justice Audrey Campbell-Moffat, who found them inappropriate.

Chan is defending construction worker Fung Hoi-yeung, 27, who has denied raping his then-helper in his public housing flat in Tsz Fai House at Tin Tsz Estate on October 21, 2017 – five days after she started working for the family of eight.

The woman, who cannot be named for legal reasons, had told a High Court jury that Fung forced himself on her despite her attempts to struggle by slapping his face and pulling his hair.

The court heard traces of her blood and the man’s semen were found on a bedsheet.

On Friday, Chan put it to the woman that his client had never penetrated her body in any way and suggested she had set him up at a time when she was having a period.

Activist probably caused own wounds and faked kidnapping, court hears

“I was really raped,” the witness replied through an interpreter. “I never accused him falsely.”

The woman said she had watched Fung put on his boxers afterwards and laughed, so she stood up and immediately slapped him a few times.

“You dared to slap the defendant after he raped you?” Chan continued. “You were not scared of the defendant at all.”

“I was scared but what can I do?” the woman said. “I could only cry.”

The trial continues.