Oldest brother first to be jailed for sexually abusing younger sister, in a case involving 4 brothers
SINGAPORE — The oldest of four brothers accused of sexually abusing their younger sister was sentenced to 20 years in jail and 24 strokes of the cane on Monday (May 20).
SINGAPORE — The oldest of four brothers accused of sexually abusing their younger sister was sentenced to 20 years in jail and 24 strokes of the cane on Monday (May 20).
The man, now 23, is the third of the four brothers to be convicted, but the first to be sentenced.
The youngest brother and second-youngest brother earlier pleaded guilty. Their sentencing is pending the reformative training reports that the court called for.
None of the assailants can be named in order to protect the identity of the victim.
SEXUAL ASSAULTS
The sexual abuse allegedly occurred from 2018 to 2022, when the girl was eight to 12 years old.
The assaults by the oldest brother took place in 2019 and 2021 when he was aged 18 to 21, and his sister was nine to 10.
The court heard that as the oldest of four brothers and three sisters, the offender was the head of the family when his parents were away, and helped to look after his siblings.
The victim saw him as a "very strict" brother and was scared of him, said Deputy Public Prosecutor M Kayal Pillay.
The brothers and sisters slept in separate bedrooms in the family home. The brothers were told not to enter their sisters' bedroom unless they needed to use the mirror there.
The offender knew that the second-oldest brother — who has not yet been convicted — had allegedly sexually assaulted the girl, but did not do anything about it, Ms Pillay said.
Instead, he also abused the girl. It became "routine" for him, and he admitted to targeting her because she was "just a kid" who "(didn't) know anything", said the prosecutor.
Most of the abuse took place in 2019. The assaults let up when the offender had a girlfriend from 2020 to 2021, but when they broke up, he resumed the assaults in 2021.
During the assaults, the victim would cry out in pain but complied out of fear.
The offender knew his sister did not consent, the prosecution said. He also told her not to reveal to anyone what he had done to her.
MOST CHARGES AMONG CONVICTED SIBLINGS
The abuse came to light when the girl entered secondary school and summoned the courage to tell the school's staff members what had happened to her.
The offender was arrested on Feb 10, 2022. He initially claimed their sexual contact was consensual, but admitted to the abuse after he was shown more evidence.
After reporting the abuse, she felt anxious, guilty and blamed herself for not stopping her brothers. She also showed trauma symptoms such as hypervigilance and frequent strong feelings of disgust, fear and sadness.
She was referred for trauma-focused cognitive behavioural therapy and showed significant improvement after her therapy sessions.
The oldest brother had the highest number of charges among the siblings convicted so far.
He pleaded guilty on Monday to eight charges of aggravated sexual assault, with another 34 charges considered in sentencing.
The youngest and second-youngest brothers admitted to eight charges each.
The prosecution sought 24 years in jail and 24 strokes of the cane for the oldest brother. Defence lawyer Andrew Chua of Drew & Napier asked for 20 years in jail and 24 strokes of the cane.
Ms Pillay said that notwithstanding the therapy the victim received, she continued to suffer long-lasting emotional and psychological harm.
The prosecutor argued that the offences showed premeditation and planning by the elder brother. The court heard that he would approach the victim when she was alone or when her other sisters were asleep.
However, Mr Chua countered that there was "rudimentary planning" at most, and that the offender's actions showed opportunism, not premeditation and planning.
He also argued that as no specific dates were given for the offences in 2019 and 2021, they could have been committed in "two bursts" rather than a persistent period of offending.
Mr Chua also told Justice Mavis Chionh that his client was remorseful and had written two letters of apology, which were submitted to the court.
"He knows that as the oldest brother in the family, it was his duty to take care of his siblings and to help his parents at home. He knows he's let everybody down and he knows that he will face serious consequences," said the lawyer.
Mr Chua argued that the 24-year imprisonment sought by the prosecution would be "crushing", pointing out that it was even longer than the amount of time his client had lived so far.
TRAGIC CASE
Describing the case as "tragic", Justice Chionh said the man's offences were aggravated by the fact that he abused the trust placed in him as the eldest brother and head of the family in his parent's absence.
Although he was aware that another brother had allegedly sexually assaulted their sister, instead of protecting her, he chose to prey on her to satisfy his sexual urges, she said.
The judge noted that the offences were committed over an extended period, although she agreed with the defence that this was not a case of "assaults committed regularly without a break over three years".
She said that while the offender showed opportunistic and predatory behaviour, there was no premeditation or planning.
She also agreed with the defence that the prosecution's proposed jail term would be "crushing" for the offender, bearing in mind his age, lack of a criminal record and his future prospects.
The victim suffered considerable harm, the judge noted.
While it was unclear whether the girl met the criteria to be diagnosed with post-traumatic stress disorder and she appeared to function adequately, her psychologist had noted that her reliance on avoidance and distraction as coping strategies may have led her to under-report her symptoms.
The judge also noted that the victim had not seen her younger sisters, whom she was close to, for at least a year, and had barely spoken to her parents.
Justice Chionh expressed her hope "that the victim will draw on the courage she no doubt possesses to forge ahead with her life free from fear, and that her family members will rally around her to support her in this journey".
The offender's father was in court on Monday and spoke to his son before he was led away to serve his sentence.
Aggravated sexual assault carries a penalty of eight to 20 years in jail and at least 12 strokes of the cane.
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