Hong Kong insurance agent, 45, jailed for 7 years for rape of domestic helper
- Judge says Chow Ka-wai’s not guilty plea showed lack of remorse and rules there were no grounds for sentence reduction
- Court hears Chow’s wife divorced the father-of-three after he was arrested and charged
Chow Ka-wai, 45, insisted at a High Court trial earlier this year that he had consensual sex with the helper at his flat on August 10, 2021.
The father-of-three said he had had an affair with the 40-year-old woman, originally from Indonesia and who was also married, but she had extorted HK$50,000 (US$6,394) from him by threatening to expose their relationship to his wife.
Prosecutors alleged Chow first attempted to rape the helper on July 28 that year, but did not succeed because he could not become aroused.
An audio recording made in secret by the helper showed her saying “no” to Chow on the day after the failed assault.
In another tape recording made after the August 10 incident, the helper was heard to tell Chow’s wife she no longer felt comfortable working in the household.
Chow’s wife was said to have told the helper to hold off on her resignation until the family could find a replacement.
Defence lawyers countered by referring to a recording made by Chow, which they said showed the insurance agent seeking the helper’s consent when the two had sex on August 10.
A six-man jury last month found Chow guilty of rape by a majority vote of five to one after deliberations that lasted two days.
The defendant was cleared of a second charge of attempted rape in connection with the alleged incident on July 28.
Deputy judge Martin Hui Siu-ting SC on Tuesday said the panel could not be sure whether Chow knew the helper would consent to any intimate acts before the alleged contact in July 2021.
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But the defendant insisted on having his own way when he approached the complainant again in August, in the knowledge she would resist his sexual advances, Hui added.
The couple’s three children are now being cared for by their 74-year-old grandmother, who was said to be chronically ill, having earlier suffered from cervical cancer.
Chow’s family, ex-colleagues and friends spoke highly of him in mitigation letters seen by the court.
His lawyers also submitted certificates to show Chow’s long-term dedication to charitable causes.
Defence counsel said Chow regretted his behaviour, which had brought catastrophic consequences and caused suffering to his family.
The lawyer added there were no similar complaints by other helpers who had worked at his home.
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But Hui said Chow’s denial of the charge indicated his lack of remorse.
He highlighted as aggravating factors Chow’s breach of trust, his failure to use a condom and the psychological impact the rape had on the helper.
But he added the victim was still able to work as a domestic helper after her ordeal, and that it was not a case where an employer took advantage of someone who was inexperienced and unfamiliar with new surroundings.
“This is no doubt a sad case with unfortunate consequences for all involved – for the defendant’s family, in particular his three young children,” Hui said.
“This serves as a sound reminder that one mistake is all it takes for a fall from grace.”
The deputy judge jailed Chow for seven years after he ruled there were no grounds for a reduction in sentence.
Rape is punishable by up to life imprisonment.
The Court of Appeal in 2010 ruled that a serious offence of rape against a domestic helper could lead to a sentence of eight years in jail.
