Domestic helper accuses employer of rape, attempting to force her to abort child

A foreign domestic helper accused her male employer of raping her at his flat, causing her to fall pregnant, with the man’s wife threatening to fire her if she didn't have an abortion.

The District Court learned on Wednesday that a domestic helper sued her employer for sexually assaulting her in a residential flat in Kam Tin of Yuen Long in February 2021 and asked for HK$91,000 in compensation for her pregnancy and the labor of a baby girl.

The male employer, surnamed Sum, was alleged to have indecently assaulted the helper on February 9, 2021, by touching her thigh, the second day after the helper started work in his house. After that, the defendant was said to have committed three more instances of sexual assault, including kissing and groping the helper despite her resistance.

According to the helper, Sum raped her one day in the middle of February by pulling her down on the sofa and telling her, "It’s OK."

The complainant found herself pregnant one week after the alleged rape and confessed to the employer’s wife. However, the woman asked the helper to take contraceptive pills and remain silent about the crime. She also allegedly threatened to fire the domestic helper if she did not abort the unborn child using oral contraceptives.

She added she had given birth to a girl, whose biological father was proven to be the defendant, in Queen Elizabeth Hospital in November 2021.

In her claim to the court, the complainant said she had called the police in May 2021 and accused the defendant of counts including rape and indecent assault.

However, the defendant walked free afterward as his barrister told the court that the helper had consented to the intercourse with the defendant. The prosecution of the defendant was also withdrawn before the trial.

The complainant said she also sought help from the Equal Opportunities Commission in 2022, but the commission terminated the investigation of the case, citing that the crime had happened over a year prior.

For her damages and loss, the helper asked the defendant to pay her HK$91,000 for fees for the pregnancy and her baby’s birth, her wages, and other medical costs.