The prosecution argues the intoxicated passenger lacked the capacity to consent, while the court ruled she was capable of giving consent.
The Attorney-General’s Chambers (AGC) is appealing the acquittal of a former Grab driver, Tan Yew Sin, who was found not guilty of attempted rape and other charges in a High Court trial. The case stems from an incident on May 19, 2018, when Tan, 47, picked up a 19-year-old intoxicated passenger and admitted to engaging in sexual acts with her in the backseat of his car. However, he maintained that the passenger consented to the acts.
The prosecution argued that the woman was too intoxicated to consent and that she did not give her approval for the sexual acts. In contrast, High Court Judge Pang Khang Chau ruled that the woman had the capacity to consent, citing her behavior throughout the night as evidence of her ability to do so, despite her intoxicated state.
The judge also determined that Tan could reasonably have believed the woman was capable of consenting. Following this decision, the AGC has filed an appeal, challenging the ruling.
