A man who performed oral sex on a male tenant who was asleep in bed was sentenced to six years and three strokes of the cane on Thursday (23 August).
The victim, a 28-year-old Malaysian cook, had woken up to the sensation of being fellated when he saw Waduge Buddhika Upashantha Fernando, a 38-year-old Singaporean committing the act on him.
Waduge, who is married with three children, had preyed on the younger man in his HDB flat on Kim Keat Avenue in the early hours of 11 November last year.
The accused earlier pleaded guilty to one count of causing the victim’s penis to penetrate his mouth.
The court heard that the victim, who cannot be named, had stayed at the flat for about four months and had little interaction with Waduge and his family.
He usually left the flat at 9am and returned at 11pm daily.
On 10 November last year, the victim returned to the flat at about 11.30pm. After showering, he remained in his room with his door closed. He went to sleep at about 1am the next day.
Waduge returned home from work at about 3.05am and was heading to a nearby market when he felt the urge to engage in homosexual activity, according to the prosecution.
Knowing that the victim would be sleeping in his room, Waduge opened the door of his bedroom and saw the victim was asleep wearing only a pair of blue shorts.
He could see the victim’s genitals from the side of his shorts as the victim’s legs were spread apart.
Waduge then knelt on the floor, removed the victim’s shorts and performed oral sex on him for about ten minutes.
The victim woke and found that his genitals were wet with saliva. He also noticed Waduge’s penis rubbing against his shin.
He then yelled and kicked at Waduge, who left the room and flat immediately. About 50 minutes later, the victim sought help from the police.
In its sentencing submissions, the prosecution sought six years and three strokes of the cane.
“The accused’s conduct is shocking. Not only has the accused intruded upon the privacy of his tenant by entering into the latter’s room while he was sleeping, he had sexually violated a completely vulnerable man,” said Deputy Public Prosecutor Marshall Lim.
He added that a jail term of five years, as suggested by Waduge, was “wholly inadequate”.
In sentencing Waduge, District Judge Kessler Soh told Waduge, “What you did was abhorrent, you must never commit such offence again.”
For his offence, Waduge could have been jailed up to 20 years and caned.