Domestic Worker Accused of Rape Initiated Sex, Defence Claims in Hong Kong Court

August 16, 2024

In a Hong Kong court, a domestic worker has accused her ex-employer, Swedish businessman Patrik Tobias Ekstrom, of rape and non-consensual buggery. The trial has been ongoing at the High Court, with the defence claiming that the alleged victim, known only as X, had initiated sexual encounters with Ekstrom before the night of the alleged incident.

The prosecution’s case detailed that on the night of October 27, 2022, Ekstrom returned home appearing to be intoxicated, made sexual advances towards X, and forced her to engage in sexual activities in the bedroom. However, the defence counsel, Simon So, argued that X had initiated sexual contact with Ekstrom prior to the alleged incident.

According to the defence’s case, X had visited Ekstrom’s room in July 2022 and engaged in sexual acts with him, including oral sex. She allegedly asked for a loan during this encounter, to which Ekstrom agreed and paid her HK$1,000. The defence further claimed that X had returned to Ekstrom’s room on another occasion with lubricant, engaging in further sexual activities in exchange for financial assistance.

X vehemently denied these allegations, stating that they were “totally, totally wrong.” She maintained that the events described by the defence counsel did not occur and were fabricated to discredit her testimony.

During the cross-examination, So questioned X’s credibility and her actions following the alleged incident. He raised doubts as to why X did not physically resist or contact emergency services after the sexual encounter with Ekstrom. X explained that she was scared and believed Ekstrom might harm her, leading her to switch off her phone and not reach out for help.

The defence also challenged X’s claims that she had never asked for a loan from her employers, suggesting that she had requested a substantial amount in Indian rupees equivalent to around HK$44,422. X maintained that the money was offered by Ekstrom and that she did not actively seek financial assistance from him.

Furthermore, medical examinations conducted after the alleged incident revealed no identifiable external injuries on X’s body. So used this information to cast doubt on X’s account of the events, suggesting that her injuries should have been more apparent if the alleged assault had occurred as described.

A security guard present at Ekstrom’s residential complex on the night of the incident testified as a prosecution witness, confirming the entry and exit of both Ekstrom and X from the premises. CCTV footage showed Ekstrom returning home in an intoxicated state, further corroborating X’s account of his behavior that night.

The trial, now in its fourth day, is expected to continue for a total of eight days. Both rape and non-consensual buggery are serious offenses under Hong Kong law, carrying a maximum penalty of life imprisonment.

If you are experiencing sexual or domestic violence, regardless of your age or gender, seek assistance from the police, Harmony House, and the Social Welfare Department. In emergencies, dial 999 for immediate help.