Two years' jail for man who had underage sex with drunk 12-year-old girl
He was 30 when he had sex with drunk girl, 12, at chalet
When they first met in a Bukit Timah Shopping Centre LAN shop in June 2012, they found they shared similar backgrounds.
Oh Boon Yaw, then 30, had said he was from an abusive family, as was the girl, 12.
He knew her age, but it didn't stop him from starting a relationship with her, and he then had sex with her.
We cannot name the girl because of a gag order protecting her identity.
In August 2012, Oh, the girl, and some friends went to a chalet at Goldkist Resort at 1110 East Coast Parkway.
They spent the night drinking and playing games, and both got drunk.
Later that night, the girl vomited and slept in a bedroom in the chalet.
Oh slept with her on the same bed while her friends slept on another bed in the same room.
During the night, Oh got aroused and undressed the girl while she was sleeping.
The girl woke up during the undressing and saw Oh on top of her.
He then had sex with her.
While she knew what was happening, she did not stop Oh as she was too drunk and sleepy.
OPPORTUNISTIC
It was only during a counselling session in May 2014 that the girl told a case worker from the Ministry of Social and Family Development about what happened.
Oh had earlier pleaded guilty to one charge of sexually penetrating a minor under the age of 16.
Assistant Public Prosecutor Puvaneswari Sandirasekaran urged the court to impose a sentence of at least 24 months because the victim was young and vulnerable, which meant there was a substantial age gap between Oh and the girl.
Furthermore, he was opportunistic, committing the offence when the girl was drunk and unable to give her consent.
Oh's lawyer Chu Hua Yi, who was assigned under the Criminal Legal Aid Scheme, said during mitigation that his client had a difficult childhood, and found he could identify with the girl, who came from a similar background.
After meeting her, he felt he had someone he could talk to about his feelings, and fell in love with her.
When she ended their relationship, he cut his own palm with a penknife, resulting in permanent disability.
District Judge Michelle Yap said the offence was very serious, and what the prosecution submitted was fair.
She sentenced him to two years' jail.
Oh wept as he was led away to begin his sentence.
He could have been jailed for up to 20 years and fined or caned for having sex with a person under 14 years of age.
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