The 25-year-old man who was arrested last week for sex with a girl aged under 14 has been remanded in custody, the Public Prosecution Office (MP) announced in a statement yesterday.
The Macau Post Daily published a report on Monday about the case, which was announced by the Judiciary Police (PJ) on Saturday last week.
According to Saturday’s PJ announcement, the victim met the suspect, surnamed Chan, on a social networking application on May 16, shortly after which they developed an online romantic relationship.
They met in a cybercafé for the first time on Wednesday last week, after which the man tricked the girl into going with him to a flat – his previous home – by lying that he needed to visit his sick sister, according to Saturday’s PJ announcement.
While they were chatting in a bedroom at the flat the man asked for sex, but the girl refused. However, according to Saturday’s PJ announcement, the man ignored the girl’s refusal and had sex with her nevertheless. The girl did not resist.
As the girl only verbally refused the man’s demand for sex the suspect will face a child sexual abuse charge rather than a rape charge as he, according to Saturday’s PJ announcement, did not use violence or intimidation when having sex with her.
According to Saturday’s PJ announcement, the case came to light after the girl told a social worker at her school on Thursday last week about the incident. The social worker and the girl’s parents took her to the public Conde de São Januário Hospital Centre for medical examination. The hospital reported the case to the police that night. The man was arrested on Friday last week.
According to Saturday’s PJ announcement, the police also confirmed that the man was sentenced to one and a half years in prison for child sexual abuse in 2012, but the prison term was suspended for two and a half years.
Yesterday’s MP statement noted that the 25-year-old man had sex with the girl although he knew that she is under the age of 14.
Clause 3 of Article 166
Yesterday’s MP statement said that the man faces a child sexual abuse charge, based on Clause 3 of Article 166 of the Macau Penal Code, which carries a prison term of between three and 10 years.
Rape (Article 157 of the Penal Code) refers to forced sex – namely sexual intercourse (vaginal sex), anal sex or oral sex – by means of violence or intimidation – regardless of the victim’s age and gender. According to the article, a person also faces a rape charge if they – by means of violence or intimidation – insert an object, or any particular part of their body, into the victim’s vagina or anus. Rape offenders face a prison term of between three and 12 years. They face a prison term extended by one-third of the normal duration if the victim is under the age of 16.
Article 166 of the Penal Code – child sexual abuse – covers any kinds of consensual sex involving minors under the age of 14.
Clause 1 of Article 166 states that a person who engages in sexual activity with a minor aged below 14 – such as touching the minor’s genitals – faces a prison term of between one and eight years.
However, according to Clause 3 of Article 166, the offender faces a prison term of between three and 10 years if he or she engages in sexual intercourse, anal sex or oral sex with the minor, or if they insert an object, or any particular part of their body, into the minor’s vagina or anus.
Yesterday’s MP statement also said that the suspect’s criminal record could be a factor that the court will take into consideration when determining his punishment – if found guilty – during his upcoming trial.
Upon recommendation of the prosecutor, the examining magistrate decided to remand the suspect in custody, due to the case’s “iniquitous” circumstances, particularly the fact that he had previously committed the same type of crime, yesterday’s statement said.
Judiciary Police (PJ) officers escort the hooded child sexual abuse suspect outside the PJ headquarters in Zape on Saturday last week. Photo: Iong Tat Choi
