• A man was released from prison for drug-related offences in May 2019
• He had sex with his daughter just three days later
• He also tried to have sexual intercourse with her about five months later

SINGAPORE — In a rare case, a 56-year-old man was jailed for four-and-a-half years on Monday (June 21) for committing incestuous acts with his biological daughter in 2019.

On top of that, he has to serve 592 more days behind bars as he had breached a remission order. He committed the first offence just three days after being released from prison for drug-related offences.

The Singaporean cannot be named to protect the identity of his daughter, now aged 32.

He pleaded guilty to one count of incest and another charge of attempted incest under Section 376G of the Penal Code. Those convicted can be jailed for up to five years for each offence.

Under the law, anyone aged 16 or above can be charged with incest if they engage in acts of sexual penetration with any of these close family relatives: Grandchild, child, sibling, half-sibling, parent or grandparent.

The case is rare because most cases of sexual conduct between close relatives involve assault of some form. In this case, the prosecution did not allege assault.

As consent is not a defence for incest, the prosecution does not need to present evidence on this issue.

The man was originally charged with rape, the prosecution said on Monday without revealing why the charges were reduced.

The court heard that the man was released from prison, where he had been serving a five-year sentence for drug-related offences, on May 14, 2019.

His daughter was living alone in a public housing block in Queenstown. He then went to stay there, sleeping in the living room while she slept in her bedroom.

Three days later, he climbed onto her bed and lay on top of her while she was awake. He then had sexual intercourse with her for about five minutes while not wearing a condom.

Then, on Oct 20 that same year, they were both alone in the flat and watching videos on her bed when he unsuccessfully tried to have sex with her. 

The offences came to light after she was admitted to the National University Hospital on Nov 13, 2019 for health problems. She confided in a medical social worker about her fear of staying alone with her father and that sexual intercourse had taken place between them.

He was charged shortly afterwards and has been in remand since Nov 20, 2019. He was offered bail of S$50,000 but did not take it up.

Prosecutors revealed that his criminal history dated back to 1995. He was jailed for four weeks in 1999 for criminal intimidation and sentenced to five years’ jail in 2016 for possessing and consuming heroin.

In committing the incest offences, he had breached a remission order that would have been in effect till Jan 11 this year.

Prisoners who show good conduct are allowed to be released after serving two-thirds of their sentence. They will then be issued with a conditional remission order.

He was also sent to the Drug Rehabilitation Centre in 2001 and 2002, and placed on a drug supervision order in 2004 and 2019.

In mitigation, he told the court through an interpreter: “Currently, I’m wearing a striped shirt so I’m applying for the stripes to be removed and I’m also asking for a lighter sentence… I heard from my friends in jail that if I wear a striped shirt, I’m facing a long sentence. That’s why I feel scared and uneasy and I want these stripes to be removed.”

The man, who appeared through a video-link, was wearing a prison-issued outfit that did not have stripes.

In response, District Judge Janet Wang told him that the court does not have a say in his attire.

The judge added: “While the victim was not young or vulnerable, the age difference between you and your daughter was more than 20 years… Both the offences were committed within a home, which is meant to be a sanctuary for families.”

However, she noted the man’s “timely plea of guilt” and that he does not have past convictions for similar offences.