Prosecution files appeal against acquittal of transgender man’s sexual assault charges

Much has been said and debated about a Singapore High Court’s exoneration of a transgender individual of sexual assault, due to an unexpected ruling stating that only a man can be declared guilty for such an offense. 

Zunika Ahmad — biologically born a female but had passed off as a man since she was 16 — had pleaded guilty last year to six counts of sexual penetration and a count of sexual exploitation. She admitted to performing sexual acts on an underage girl with a sex toy. 

The judge, however, acquitted Zunika of all six charges, maintaining that one would require a penis to be convicted for the offence under Section 376A(1)(b). Zunika was instead sentenced to eight months in jail for committing an obscene act with the underage victim. 

A week on since the case in court, the Attorney General’s Chambers stated that the prosecution has found grounds for appeal in the case, concluding that an appeal is merited against the judge’s finding.

“Having reviewed the written grounds of decision, the Prosecution has concluded that an appeal is merited against Senior Judge Kan’s finding that section 376A(1)(b) does not apply to female accused persons, as well as his decision not only to set aside the accused’s plea of guilt on these six charges but also to record an order of acquittal on all six charges; and finally, the sentence imposed on the remaining charge under section 7(a) of the Children and Young Persons Act”. 
 



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