A 57-year-old man has been jailed for molesting a woman with mild intellectual disability who had been assessed to lack the mental capacity to consent to sexual acts.
Zaini Ahat was sentenced on Thursday, 10 September, to one year, seven months and six weeks’ jail after pleading guilty to a molestation charge.
According to court documents reported by The Straits Times, the woman also had schizophrenia and was substantially unable to protect herself from abuse because of her conditions.
Brother Saw Zaini Entering Her Flat Through CCTV Footage
The offence took place on the evening of 10 December 2025 at the woman’s HDB flat.
Her brother had an application on his phone linked to a CCTV camera outside the unit.
Through the footage, he saw Zaini speaking to his sister at the gate before entering her home.
Inside the flat, Zaini sat opposite the woman. Shortly before 8pm, he shut the front door, switched off the lights and molested her.
After seeing what had happened, the woman’s brother rushed to the flat and called out for his sister to open the door. He subsequently contacted the police for help.
Zaini was arrested later that evening.
Woman Was Assessed to Lack Capacity to Consent
The woman’s ability to understand and consent to sexual activity was a significant factor in the case.
Deputy Public Prosecutor Khong Zi-Wei told the court that the woman was unable to distinguish sexual touching from affectionate or caregiving forms of touch.
The prosecution’s position was that she therefore could not understand the nature of what Zaini was doing to her, or meaningfully resist or object to it.
Court documents also stated that she had been assessed to lack the mental capacity to consent to sexual acts.
Under Singapore’s Penal Code, the usual maximum punishment for outrage of modesty is three years’ jail, a fine, caning or a combination of these penalties.
There are enhanced penalties for offences against vulnerable persons. Section 74A of the Penal Code allows the court to impose up to twice the usual maximum punishment when the statutory requirements are met, including where the offender knew or ought reasonably to have known that the victim was vulnerable. A vulnerable person includes someone who, because of a mental or physical condition or disability, is substantially unable to protect themselves from abuse, neglect or self-neglect.
The Straits Times reported that Zaini’s molestation offence carried a maximum of six years’ jail.
Additional Jail Term Imposed Instead of Caning
The prosecution sought one year and seven months’ jail for Zaini, together with another six weeks’ imprisonment in place of three strokes of the cane.
The court imposed that sentence in full.
Under the Criminal Procedure Code, men above 50 cannot be punished with caning. A court may instead add up to 12 months’ imprisonment in place of caning where the law allows it.
As Zaini is 57, he could not be caned, resulting in the additional six-week jail term.
