Jail for man who tried to rape sleeping neighbour at service apartment’s poolside

SINGAPORE: A man who attempted to rape his intoxicated neighbour at the pool area of a serviced apartment they stayed at was sentenced to eight years and four-and-a-half months’ jail on Monday (May 13).  

The accused, South Korean national Cho Tae Kwon, preyed on the woman after seeing her asleep on a couch.

The victim, then 25, was in Singapore as an exchange student with the National University of Singapore. The Swedish national cannot be named to protect her identity.

She had stayed in a floor higher than the accused, who was working in Singapore as an engineer. 

Cho, 51, pleaded guilty to one count of molest and one count of attempted rape. Two other charges of a similar nature were considered for his sentencing.

The court heard that on Sep 9, 2022, Cho returned home after work. As it was the eve of the Mid-Autumn Festival, Cho joined his colleagues for dinner at a unit in the same building. They shared eight bottles of soju and a bottle of whiskey. Cho headed back to his unit past midnight. 

Meanwhile, the victim had gone for dinner and clubbing, consuming hard liquor and wine over the course of the night. 

She returned home in the early hours of Sep 10, 2022. Wanting some privacy from her flatmates, the victim left her apartment to buy groceries. She then headed to the pool area on the fourth floor of the residence with the intention of calling her boyfriend. 

After ending the call at the pool area, the victim felt tired and laid down on a couch, where she fell asleep at 3.51am. 

At 4.24am, Cho left his unit and headed to the pool area where he noticed the victim. He sat down on a chair next to a dustbin facing the pool where he frequently smoked. 

After a while, Cho noticed that the victim was sleeping and stood around her to observe her for about half a minute. 

At 4.27am, when the victim remained motionless, he touched her, but she did not wake up. He then molested the woman before attempting to rape her. 

In the midst of the assault, the woman sat up for a short moment, but was groggy and had no strength to resist Cho’s advances.

At about 4.42am, Cho forcefully kissed the woman, who began to regain consciousness and was shocked to find the man on top of her. 

The woman told him to stop several times to no avail. After a struggle, both fell off the couch, but Cho pulled the victim towards him and molested her. A while later, the victim managed to break free. 

In her haste to leave, she grabbed her belongings and Cho’s shorts, and fled at about 4.47am. 

Cho then donned his underwear and returned to his unit to retrieve a pair of shorts before heading down to the pool area again. He then loitered on the floor where the victim stayed but was unable to find her. Court documents did not state how he knew which floor she lived on. 

The incident was partially captured by closed-circuit television (CCTV) cameras at the pool area, the lift, and lift lobbies in the building.  

Later that morning, the victim woke up and remembered the sexual assault but not its precise details. She told her flatmates what had happened and cried. 

The group told a guest service officer of the building what had happened. This officer reviewed CCTV footage and lodged a police report. 

The prosecution sought no less than eight to nine years’ jail with an additional four-and-a-half months’ jail in lieu of caning. Cho cannot be caned as he is above 50. 

“This is a case where the accused had taken advantage of his inebriated neighbour who had taken a rest at the couch in the common area of their serviced apartment.

“Seeing that the victim was fast asleep and that they were alone, the accused seized upon the opportunity to gratify his lust on her,” said Deputy Public Prosecutor Claire Poh. Cho had attempted to rape the victim for six minutes, she added.  

Ms Poh told the court that Cho had taken advantage of a vulnerable victim who had been entitled to feel safe in the serviced apartment’s compound. 

Cho’s lawyers Mimi Ahn and Genesa Tan sought five years and four months’ jail. 

Their client deeply regretted the night of the incident and wished to return to South Korea to visit his family, especially his elderly parents, who are financially dependent on him, said Ms Ahn. 

Ms Ahn argued for less sentencing weight to be placed on the victim’s degree of intoxication. She pointed out that the victim had not needed assistance while walking, had left to buy her groceries and had spoken to her boyfriend on the phone. 

After the offence, the victim was able to gather her belongings before she left, Ms Ahn added. 

While sentencing Cho, Justice Dedar Singh Gill said he found “one clear aggravating factor” in that the victim was “highly vulnerable” in her condition.  

“The defence seeks to downplay the level of intoxication of the victim by drawing attention to the fact that she consumed alcohol some two hours before the offence was committed (and) by the prosecution’s account and the CCTV was conscious enough to … go out to buy groceries and call her boyfriend,” noted Justice Gill. 

However he said this did not address the “critical issue” before him, which was the victim’s state immediately before and during the time of the offences. 

He referred to the fact that the victim was in a groggy, very sleepy state, and had still been under the influence of alcohol.  

Justice Gill also accounted for the fact that rape was attempted but that Cho had only stopped when the victim began to regain consciousness and had told Cho to stop several times. 

For attempted rape, a person can be jailed for up to 20 years, and fined, or caned. 

For molest, a person can be jailed up to three years, or fined, or caned, or any combination of the penalties.