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By Selina Lum
A 47-YEAR-OLD man accused of raping a mentally retarded teenage girl in broad daylight has been acquitted after a High Court trial, and instead, was convicted on a lesser charge of having sex with a minor.
In clearing the man of rape, Justice Choo Han Teck pointed to the inconsistent testimony of the girl, as well as that of three passers-by who detained the accused and called the police.
'Rape, however, is committed only when there was an absence of consent,' Justice Choo said in his written judgment. 'Consent is a positive act of the will, which in turn, implies consciousness.'
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