Married teacher convicted of sexually assaulting and having sex with underage female student

A married secondary school teacher was found guilty of sexually assaulting and having unlawful sexual intercourse with a female student when she was 15. 

The 35-year-old defendant L.H.M was convicted of six counts of indecent conduct towards a child under the age of 16 years and having unlawful sexual intercourse with her at a flat in Fanling from mid-June to October 12 in 2020.

The case was adjourned to April 14 for plea and sentencing, pending a trauma report of the victim, and the background report and psychologist's report of the defendant. The defendant has to be remanded in custody before his sentencing. 

The girl X was born in December 2004. She was the vice president of the school's student union, while the defendant was not only the instructor of the student union but also X's class teacher and Chinese language teacher.

The two were in an ambiguous relationship but acted like lovers – with intimate actions including holding hands, kissing, hugging, even touching buttocks. X also knew that the defendant was married.

He invited the student to do homework or watch TV at his place many times when his wife was not at home. They held hands and hugged, then the defendant pushed X down on the sofa, touched her thighs and kissed her body. 

When X tried to avoid him, the defendant asked if she could satisfy him by helping him masturbate. She refused, so the defendant continued touching her.

The defendant gradually asked her to take off her clothes and bra. He also asked X several times if she could give him her first time, which X refused at first, but agreed later.

The two tried to have sex without a condom but eventually stopped after the girl said she felt so much pain.

After the relationship was revealed by the defendant's wife, she asked him to break off with X. 

The student was emotionally disturbed and even tried to hurt herself. She told the social workers at school about the "inappropriate relationship" but refused to reveal the identity of the partner.

Speculating the partner could be a teacher, the social worker reached the defendant, who admitted that his relationship with X was beyond that of teacher and student and voluntarily resigned.

X's mother asked the defendant to delete all records of his conversations with the girl and eventually called the police.

Judge Douglas Yau Tak-hong ruled that X was an honest and reliable witness who was consistent under cross-examination. She described the incident in detail and was "obviously speaking the truth".

The defendant said in his self-defense that he sincerely believed that X was 16 years old at that time, but it was refuted by the judge. 

The defendant said based on his common knowledge, the average age of form five students was 16.04 years old.

He first said he saw the student's age being her teacher, but later changed his version to him having obtained the information from the school network after resignation.

When asked why he still had access to the network after he left his job, he again changed his testimony, saying he learnt about it from his former colleagues. 

Yau ruled that the defendant was not an honest witness and that he knew that X was under 16 years old all along. "The defendant, as a teacher, should have thought twice about this unethical relationship and should not have made it an unlawful one."