A 20-year-old male student of The Chinese University of Hong Kong (CUHK) was sentenced to 10 days’ imprisonment for indecently assaulting two female passengers on the MTR on Wednesday at West Kowloon magistrates’ courts.
The incident took place on March 22, when the defendant was riding an MTR train on the Tuen Ma Line. During a period of about 10 minutes, the defendant touched the buttocks and the mini skirt of two female passengers, respectively.
One of the victims recorded his crime process and uploaded it online before the two women reported to the police. The defendant reported himself to the police the following day, claiming that he was curious and lost his balance.
The male student, who had previously pleaded guilty to two counts of indecent assault, asked for leniency this morning.
The defense argued that the probation officer’s report shows that the defendant is making a positive effort.
It was stated that he grew up in domestic violence and often witnessed his father attack his mother, causing him trauma.
The defense added that due to growing up in a broken family, he had difficulty expressing himself appropriately. After the incident, the defendant bravely chose to face the consequences by turning himself in, and understood what he did was wrong. He also sought help from Caritas social workers to deal with issues related to his sexual offending.
According to the defense, the defendant stated he touched the victims because of “accidents” on the train, emphasizing that he acted without intent. The defense also said that the defendant admitted to similar acts in addition to this case.
Magistrate Amy Chan Wai-mun stated that the case was serious. She noted that she had previously indicated that “imprisonment is not ruled out” before requesting the probation officer’s report.
The magistrate said the defendant sexually assaulted two female victims on public transport within a short period of time. She added that if the victims had not recorded and filmed the incident, the defendant’s offenses might have gone unpunished.
Chan stated that the court must protect female passengers on public transport and send a message of zero tolerance for sexual assault on public transportation. She therefore sentenced the defendant to 10 days’ imprisonment.
Although the probation report showed the defendant’s regret and that he turned himself in, Chan further said that factors such as being a first offender and his young age were not effective reasons for leniency.
Previously, the defendant told police that he was curious to grab one victim’s mini skirt and lost his balance while touching the other victim’s buttocks, and that he then lost control and continued to touch for several seconds. The defendant said he would seek help from psychologists.
