• 11/11/2024

Hong Kong court clears student of sexual assault after judge rules evidence insufficient

Hong Kong Free Press

A Hong Kong student has been acquitted of sexually assaulting a woman at a university orientation event last year after a judge ruled that there was not enough evidence to prove he was the offender.

Second-year university student Tang Ho-yin, 20, was acquitted of one charge of indecent assault and another of common assault on Monday at the Fanling Magistrates’ Courts, even though Magistrate Frances Leung found the victim’s – and her friend’s – testimonies to be truthful, according to The Witness.

Fanling Magistrates' Courts
Fanling Magistrates’ Courts. Photo: Peter Lee/HKFP.

Tang was arrested last August, accused of groping the victim – identified as “X” in court – at the orientation camp’s “disco night,” and again on another occasion at a dormitory the next day. He pleaded not guilty to both charges.

As X could not see who had assaulted her in the dimly lit room, judge Leung said that the onus fell on the victim’s friend “A”, who was present at the occasion, to identify Tang as the offender.

Witness A had previously told the court that she saw a man place his hands under X’s armpits, touch the sides of her breasts, and brush downwards to her hips. The court had also heard earlier that he did so without her consent.

Leung also said that there were three male students in the group who had their hair dyed blonde and styled similarly, and that A did not identify the perpetrator by his facial features or point out any notable physical characteristics during her testimony.

“I absolutely believe that that person had committed an indecent assault,” Leung said, but added that the prosecution was unable to prove beyond a reasonable doubt that Tang was the one who behind the assault.

The University of Hong Kong. File photo: Kyle Lam/HKFP.
The University of Hong Kong. File photo: Kyle Lam/HKFP.

On the common assault charge, Leung also ruled that the prosecution was unable to prove Tang had committed the assault as X did not pull away from the defendant or visibly demonstrate her discomfort when he touched her.

See also: Hong Kong universities to step up oversight of orientation camps following incidents of alleged sexual assault

The court had earlier heard that X felt uncomfortable when the defendant moved his hand up and down her arm while talking about sex in a dormitory lounge, which the defence did not dispute.

But Leung added that the defendant might not have been aware that his behaviour was unwelcome or unacceptable as the victim had offered her hand voluntarily and did not pull away, knowing that the defendant intended to carry out a demonstration of a sexual nature.

Tang was arrested last August, and charged with two counts of indecent assault for assaulting the first-year student on two occasions during the camp. The latter charge was changed to a common assault charge after his initial court mention.

Often seen as a rite of passage for university students, orientation camps have come under criticism before, with accusations that they involve older students humiliating and bullying younger students.

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https://hongkongfp.com/2024/05/06/hong-kong-court-clears-student-of-sexual-assault-after-judge-rules-evidence-insufficient/