Jobless man fights lesbian's rape charges

Top News | Erin Chan 28 Sep 2021

A 30-year-old jobless man has denied raping and indecently assaulting a lesbian, who claimed she was lured into having sex with him while posing as a woman.

Tsang Tsz-ho pleaded not guilty to one count of rape and another count of indecent assault yesterday before High Court Judge Joseph Yau Chi-lap and a jury of six men and one woman.

On November 21, 2019, Tsang met the alleged victim "X" on lesbian dating app Butterfly, using the name "Jan" and stating his sexual orientation was "TB" or tomboy, the prosecution said.

Throughout the exchange, Tsang asked X what kind of women she was into, with X answering: "A girl who cares for me."

Later, they chatted on another lesbian dating app Her, before exchanging numbers to continue their conversation on WhatsApp.

On February 24 last year, Tsang told X that he saw her on a Telegram group that discussed sadomasochism. Tsang asked to meet her at a Kwun Tong hotel to engage in sadomasochism-related activities, to which X - who told Tsang she only had sexual encounters with women before - agreed.

Three days later, they met at Hotel COZi in Kwun Tong to engage in sexual acts, including the touching of breasts, penetration by finger and spanking.

Tsang also dripped molten wax over X's body - a common practice in sadomasochism among lesbians - before bathing X.

The prosecution said he then penetrated X without protection, during which X discovered Tsang was a man and pushed him away several times, but in vain.

X then fled the hotel and reported the case to police the same day.

Tsang later texted X on Telegram, with X asking him: "Why do you go after lesbian women?" But Tsang did not answer. Shortly after, Tsang transferred HK$500 to X's bank account, saying it was for the hotel room she paid.

On February 28, police collected bedsheets from the hotel room, which were found to have Tsang's semen stains and fingerprints.

Tsang was arrested the same day on suspicion of rape. During his arrest, Tsang admitted that he did not reveal his gender before the pair met in person.

He confessed he did not take off his clothes while carrying out the sadomasochistic activities with X and bathing her.

Police said Tsang recalled that before the penetration took place he initially rubbed his crotch against X's crotch while wearing underpants.

The prosecution also showed text messages between Tsang and X, which showed X enjoyed the pain from sadomasochistic activities.

Prosecutor Lisa D' Almada Remedios said Tsang purposely concealed his gender, despite knowing X's sexual orientation.

"X was willing to engage in sexual acts with Tsang only because she thought Tsang was a woman," she said. "If X knew Tsang was a man, she wouldn't have agreed to have sex with him."

In a remote testimony, X said she did not know Tsang was a man until the penetration happened.

She said she initially thought Tsang was a woman as she thought only women used lesbian dating apps, adding her current sexual orientation is different now.

The trial continues.

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