SINGAPORE: A man who sexually exploited a girl in the flat where he lived with her family was sentenced to 42 months’ jail and seven strokes of the cane on Tuesday (May 20).

Loh Wai Seng, 36, pleaded guilty to one charge of sexual exploitation of a child and two charges of molesting a minor. The victim was 12 when the offences started.

A fourth charge of possessing more than 2,900 obscene films was taken into consideration for sentencing.

Loh, a permanent resident, was working as a chef in Singapore. In 2011, he and his wife began renting a bedroom in the victim’s family home.

The victim, whose identity is protected by a gag order, had a normal relationship with Loh before the offences and spoke to him occasionally.

Between 2018 and 2019, Loh molested her in her bedroom at night on at least four occasions.

Loh first sexually exploited her sometime in December 2018. That night, the girl was sleeping in her bedroom when she woke up from a nightmare and was talking to herself in bed.

Hearing this, Loh went into her room, sat on her bed and started talking to her. He then asked if he could touch her. As the girl was sleepy and did not understand the question, she agreed.

Loh then touched the victim inappropriately. She was shocked and did not know how to react.

She started moving away from him towards the corner of the bed. When he continued, she panicked and started kicking her legs against the bed frame.

Loh left the room after telling the victim to keep what had happened a secret. She did not respond and took more than an hour to fall back to sleep.

He similarly molested her on two more occasions – once between December 2018 and September 2019, and once on Sep 23, 2019.

Loh would go into the girl’s room when he believed that she and other people at home were asleep.

Both times, he continued touching her even though she moved away from him on the bed.

For some time, the victim did not tell anyone about Loh’s actions as she was afraid, did not know how her family would react, and did not know what to do.

But the day after the last incident, she felt distressed and realised that his actions would continue if she did not do anything.

She told her teacher, and Loh was arrested on Oct 11, 2022. He has been in remand ever since.

Deputy Public Prosecutor James Chew sought 42 to 50 months’ jail and seven strokes of the cane, stressing the psychological harm the victim suffered.

For example, she had occasional flashbacks of the incidents, developed insomnia and a fear of sleeping facing the door, and felt tense and threatened.

She also had trouble concentrating and felt guilty for not telling others about what had happened to her earlier.

Mr Chew also pointed to Loh’s high degree of sexual exploitation involving skin-to-skin touch, the victim’s young age and the violation of the sanctity of her bedroom. 

Loh’s lawyer Mahadevan Lukshumayeh did not object to the caning and asked for the lowest end of the prosecution’s proposed jail term.

He said that Loh’s actions were not premeditated on the first occasion that he sexually exploited the victim.

Loh had formed a habit of watching obscene films after work and was doing so in the living room that night, said Mr Lukshumayeh.

When he heard the victim talking to herself, he went to check on her as he was “concerned” for her, said the lawyer.

Loh then touched her impulsively, he said.

Mr Lukshumayeh also highlighted that Loh chose to plead guilty early and was remorseful for his actions.

Justice Audrey Lim agreed with the prosecution that Loh exploited his position as a long-term tenant and an adult figure in the victim’s home, and the access he had to the girl as a result.

She also said it should have been clear to Loh that the victim was avoiding him as she kept moving away from him, but that he persisted despite this.

Anyone who commits an indecent act on a child can be jailed for up to five years, fined up to S$10,000 or both for a first offence.

The punishment for molesting a minor under 14 is up to five years in jail, caning, a fine or any combination of these penalties.

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