This is not a direct testimony from the victim but a recap of what happened to a lesbian in Hong Kong. Thank you so much to the lesbian sister who wrote it! —————————————— An unemployed man raped a lesbian in S&M sex, he claimed he didn't conceal his sex. The jury acquitted him of rape and indecent assault. An unemployed man met a lesbian on a lesbian dating app. She thought he was a woman, and called him "sister". They arranged a meeting at a hotel for BDSM. When he was inside her, she finally found that he is actually a male. And then she called the police and claimed that she was raped. He denied the charge and claimed that he never concealed his sex, saying he got a male voice, had shown her his leg hair, and hugged her. So she should be able to know that he is a man. The jury, which was made up of 6 MALE and 1 FEMALE, returned a verdict of NOT GUILTY. The defendant, named Tsang Zi Hou, 30 years old, was accused of rape and indecent assault. The prosecution alleged that he raped and sexually assaulted litigant X in a room of HOTEL COZI ∙ HARBOUR VIEW, on 27th February 2021. X was in her 20s at the time it happened. After knowing the result, the defendant bowed to the jury. The defense attorney told the defendant "be careful in the future, you have learned your lessons." after the court. X claimed that she thought he was a woman the whole time. In court, X said that she met him on a lesbian dating app called "Butterfly". His username was "Ja". And on the profile, he described himself as "Tomboy"(which means "butch" in Asia). X believed that only women would use this app, and when she called him "Sister", he didn't clarify himself. That's why she thought he was a woman. When they were chatting, they talked about S&M sex and agreed to meet in a hotel. When they were in the room, the defendant never took his clothes off. X arrived in the room first that day, the defendant arrived later. By the time he got there, X had already taken her clothes off and waiting for the defendant in bed. He got in the room, touched her private part, spank her in the buttock, and dripped low-temperature wax on her back. The defendant didn't take his clothes off or say anything during the whole process. Then the defendant took X into the bathroom to clean the wax that's on her body, the defendant kept his clothes on the whole time. She learned that he is a man after his penis was inside her. After the bath, they returned to bed, the defendant finally took his clothes off. Then he got into bed, covered their bodies with a quilt. In the meantime, he touched and poked X's private part with his fingers. Then X felt that there's a cylindrical object inserting into her body. At first, she thought that's just some penis-like toy, but later she felt this "toy" got a temperature. She asked: "what is this?". Then she pushed him away and found out that was his penis. She got scared and panicked. She said she felt so sick about this. After she left the hotel, she told one of her friends about what happened, asked him if she was raped and should she call the police. Later her friend contacted Rainlily(Sexual Violence Crisis Centre), then she called the police accompanied by a social worker. The defendant denied concealing sex. The defense claimed that the defendant didn't conceal his sex deliberately. The name he's using - "Jan" was a unisex name. The defendant also mentioned in his defense that he used lesbian dating apps just to get acquainted with girls. He explained why he didn't clarify himself when X called him "sister", it's because he DIDN'T HAVE ENOUGH TIME to reply to her when they texted messages. And he thinks X is not a lesbian, because he never heard her saying she "doesn't like men". He didn't want to have skin-to-skin contact with X, that\s why he didn't take his clothes off. When they met in the hotel, the defendant said they had a conversation. He noticed there was a rash on X's skin, so he didn't want to have skin-to-skin contact with her, that's why he didn't take his clothes off. But it was obvious that he's got a male voice. And he did take his pants off in front of X, showed her his leg hair, so X should know that he's a male. He felt strange about X not knowing he's a man. When they were making out, he had a physiological response, X should be able to feel it. When he touched her private part with his penis in bed and got inside her, and then she asked "What is this", he also felt strange and thinking "what else could this be?" X then said: " What? You are a man? And you don\t even wear a condom!" He said he also felt stunned because by the time they had been together for an hour. He didn't understand why she acted like this. The defendant said after that, he transferred 500 HKD to X for payment of the hotel room. The defense lawyer alleged that the defendant stopped intercourse after being pushed off. The defense lawyer stated in the closing argument, that after the defendant was pushed off by X, he stopped the intercourse immediately. If the defendant intended to rape, he could just hold X down and continue, but he didn't. Furthermore, they went to bed for sexual intercourse after about an hour of S&M play, if the defendant intended to rape X, he could've done it halfway instead of waiting till the end. Original articles(in Chinese): https://www.hk01.com/%E7%A4%BE%E6%9C%83%E6%96%B0%E8%81%9E/686198/%E7%84%A1%E6%A5%AD%E7%94%B7%E6%B6%89%E7%8E%A9%E6%80%A7%E8%99%90%E9%81%8A%E6%88%B2%E5%A7%A6%E5%A5%B3%E5%90%8C%E5%BF%97-%E5%A0%85%E7%A8%B1%E7%84%A1%E9%9A%B1%E7%9E%9E%E6%80%A7%E5%88%A5-%E5%BC%B7%E5%A7%A6%E5%8F%8A%E9%9D%9E%E7%A6%AE%E5%9D%87%E8%84%AB%E7%BD%AA Some reports in English: https://www.thestandard.com.hk/breaking-news/section/4/181326/Man-who-calls-himself-%22tomboy%E2%80%9D-found-not-guilty-of-raping-lesbian https://www.thestandard.com.hk/breaking-news/section/4/181107/Man-on-trial-for-raping-lesbian-said-he-did-not-respond-in-time-to-clarify-his-gender