A Filipina domestic worker – convicted of indecent assaults on her employer’s son – was released from prison on Friday after the Court of Appeal ruled that she should be set free.
The Court of Appeal said the District Court judge who tried the case last year had made a decision contrary to evidence given by the boy, the Oriental Daily reported.
According to the judgement, the higher court judges allowed the appeal and quashed the conviction and set aside the defendant’s sentence.
Three Court of Appeal justices also held that the lower court judge was wrong in failing to properly consider the “inherent improbabilities” of the boy’s evidence, in particular his claim of having been coaxed by the domestic worker into full sexual penetration while his penis remained soft.
No retrial was sought.
The incidents happened between July 2011 and March 2013 when the domestic worker was accused of having sex with her employer’s son, who was only eight years old initially, in the employer’s home in Kwai Chung, the court heard earlier.
The boy told his parents he only began to understand he was having sex with the domestic worker when he learnt about animals mating in a science lesson at school when he was 12, Sing Pao reported.
The domestic worker denied the charges and said she was a lesbian.