A former Education University of Hong Kong student accused of rape, indecent assault and voyeurism told the High Court on Monday that a woman he allegedly raped never resisted during their sexual encounter, insisting that the intercourse was consensual.
The 31 year old defendant, identified in court as Y.L.H., has pleaded not guilty to five charges arising from a series of alleged incidents between January and August 2023. His testimony came after the court heard recorded evidence from two complainants who appeared by video link.
The case involves allegations concerning several women and incidents said to have taken place at different locations, including an orientation camp in Yuen Long and a holiday lodge operated by the YWCA.
Five charges involving five women
The prosecution has accused Y.L.H. of offences involving five women, identified in court by the initials A, B, C, D and E.
According to the prosecution case, the first alleged incident occurred on January 13, 2023, when Y.L.H. allegedly indecently assaulted woman A on Kowloon Peak.
The second allegation concerns woman B and an incident at the Po Leung Kuk Jockey Club Tai Tong Holiday Camp in Yuen Long on July 23, 2023. Prosecutors allege that Y.L.H. raped B during an orientation camp organised by the Hong Kong Red Cross.
The defendant is also accused of indecently assaulting woman C inside a car on August 23, 2023.
Two further allegations relate to another orientation camp held at the YWCA Sydney Leong Holiday Lodge on August 27 and 28. The prosecution alleges that Y.L.H. indecently assaulted woman D and secretly watched woman E while she was showering.
Y.L.H. denies the allegations.
The trial has focused in part on what happened during the encounters, including the interactions between the defendant and the women before the alleged offences and the circumstances surrounding the sexual contact.
Defendant describes meeting with B
After the court played video recorded testimony from complainants A and B, Y.L.H. entered the witness box to give his own account of his interaction with B.
He told the court that he first met B at the Hong Kong Red Cross orientation camp. At the time, he said, she was petite and had pink hair.
The defendant described the early interaction between them as friendly. During a campfire activity, he said, he held hands with B and other members of their team.
Their interaction continued during meals and recreational activities at the camp. Y.L.H. told the court that he and B spoke over dinner and played card games together. During those exchanges, he said, there was physical contact between them, including holding hands and touching each other's shoulders.
The defendant said the relationship became more intimate later that evening.
According to his testimony, an intoxicated male participant had been in the room but eventually left, leaving Y.L.H. and B alone.
The defendant said the two then made eye contact and kissed.
He told the court that they embraced after the kiss and that B initiated further intimate touching. He maintained that the encounter developed gradually from that point and eventually led to sexual intercourse.
Y.L.H. said the intercourse was consensual and took place without a condom.
Defendant says B initiated intimacy
The defendant's account of the encounter rests heavily on his claim that B actively participated in what happened.
He told the court that before intercourse, B asked him why he had chosen her. He said he replied that he was attracted to her.
Y.L.H. maintained that B participated throughout the sexual encounter and did not indicate that she wanted him to stop.
He told the court that she never resisted and never gave him a signal that she did not consent.
The defendant also said B made a comment indicating that she had not previously engaged in such activities at a camp. According to his testimony, she described the experience as exciting.
His evidence directly contests the prosecution's allegation that the encounter amounted to rape. The central issue for the court will include whether B consented to the sexual activity and how the circumstances surrounding the encounter should be understood in light of the evidence presented by both sides.
Earlier police interviews
The court also heard about statements made by Y.L.H. to police after his arrest.
In video recorded police interviews, the defendant gave an account that was broadly consistent with his evidence in court. He told investigators that B showed no resistance during the encounter.
Y.L.H. described the progression of events as gradual, beginning with the two making eye contact and then kissing.
He maintained that B's kiss was the point at which the interaction became intimate and said the physical contact that followed was part of a mutually consensual encounter.
His evidence to police and his testimony at trial therefore place the two accounts in direct conflict.
The prosecution alleges that a rape occurred at the holiday camp, while the defendant says the sexual activity was voluntary and that B actively participated.
Other allegations remain before the court
The allegations involving B form only part of the case against Y.L.H.
The prosecution has presented separate allegations concerning women A, C, D and E. These include claims of indecent assault at Kowloon Peak, inside a car and during the later orientation camp, as well as an allegation that the defendant secretly observed a woman showering.
The incidents span more than seven months, from January to August 2023, and involve different locations and circumstances.
The allegations concerning D and E are linked to the YWCA Sydney Leong Holiday Lodge, where the prosecution says the alleged indecent assault and voyeurism occurred on August 27 and 28 respectively.
Y.L.H.'s not guilty pleas mean the prosecution must prove each charge beyond reasonable doubt.
Consent at centre of testimony
The defendant's evidence about B places the question of consent at the centre of the proceedings.
His testimony was specific about the sequence he says led to intercourse. He described mutual physical contact, a kiss, an embrace and further touching before intercourse. He also said B asked him why he had chosen her and that she responded positively to the encounter.
Most significantly, he told the court that B never resisted or indicated that she did not want to continue.
Such evidence will be considered alongside the complainant's recorded testimony and other evidence presented during the trial. The court will ultimately have to assess the competing accounts and determine whether the prosecution has established the elements of the offences alleged.
The proceedings continue in the High Court.