Rape is punishable under Section 376 of the Penal Code, with a jail term of up to 20 years and possible whipping.
The offence for outrage of modesty under Section 354 of the Penal Code carries a jail term of up to 10 years or a fine or whipping or any two of the punishments.
Kota Kinabalu district crime officer Deputy Supt Omar Mammah said the suspect, who was living separately from his wife, was said to have raped his daughter since she was 10 years old. The girl was staying with him during that time.
A report was lodged by the girl's uncle after she confided in him about the incidents.
DSP Omar said the girl had been sent to the Queen Elizabeth Hospital for a medical examination while the father was detained for questioning.
In another incident, police are on the lookuot for a 45-year-old businessman who allegedly punched and kicked his wife during a squabble in their house in Inanam three days ago.
DSPOmar said the 41-year-old woman sustained injuries and was in hospital for two days. She lodged a police report on Tuesday.
Kota Kinabalu district crime officer DSP Omar Mammah said the 12-year-old girl lodged a police report on Saturday claiming that she was raped by her father on several occassions.
DSP Omar said police arrested the father on March 11 at his house in Telipok near here.
Both girls have been sent for medical examination at the Queen Elizabeth Hospital.
A police spokeman said the arrest was made after the girl's mother lodged a report the same day.
He said the girl was staying with her grandmother and the jobless uncle at Kampung Jambu Rias Hilir in Karak while the mother lived in Termeloh.
"The alleged incident occurred some time last June at the same house.
"However, the mother reported that the suspect made advances to the girl on Sunday night. The girl was sleeping near her grandmother," the spokeman said yesterday.
He added that the girl the told her mother the next day about the incident as well as the alleged rape last year.
Klang OCPD Asst Comm Aziz Ariarasa Abdullah said yesterday the doctor was detained at the police station at 5 pm on Monday.
"We have obtained a remand order and will carry out our investigations."
The babysitters and the doctor's servants will also be questioned," he told reporters.
ACP Aziz said police were waiting for medical reports from the hospital to determine the extent of the child's injuries.
He said old burn marks and scars were found on the child's body.
The girl, he said, was believed to be sodomised as she had anal injuries.
The case came to light when the girl's 40-year-old father, an excavator driver, took her to the Tengku Ampuan Rahimah Hospital on Thursday after she fell in the bathroom and injured her face and chin.
Doctors treating the girl questioned the parents when they found the other injuries and scars.
Police had been trying to contact the doctor when a report against him was lodged last Friday.
KUANTAN: Karak police have arrested a 28-year-old estate worker in connection with the alleged abuse of his five-year-old daughter, who is in coma at the Kuala Lumpur Hospital.
The girl, who suffered head injuries, was unconcious when neighbours took her to a clinic on Thursday. She was then warded at the Mentakab Hospital and transferred to the Kuala Lumpur Hospital the same day.
Pahang Deputy CID chief Supt Lai Yong Heng said the suspect was arrested at his Ladang Sungai Perting home on Saturday following a report lodged by his 23-year-old wife.
"The girl was said to have been abused at 1pm on Thursday when she was at home together with wo other siblings. Their mother was not at home during the incident," he said.
Supt Lai said neighbours heard the commotion in the house but did not interfere as it was a family matter.
He said the girl was unconcious when neighbours brought her to the district health clinic.
Police have classified the incident as child abuse.
ANSWER: Judges in this type of case must balance many things; You may want to set up an appointment with the attorney who represented the child, so that you can go over the decision.
Diana Bodman Summmers
Court TV Law Centre Legal Helpline Panelist.
By Karamjit Kaur.
Supporting evidence, or lack of it, is an issue in the on-going trial of a 31-year-old man who is accused of forcing his two stepdaughters to perform oral sex on him and raping one of them.
The two girls testified against the man, but the defence has argued that it is their word against his.
The girls were six and nine years old at the time of the alleged offences, between March 1995 and June last year. The older one testified that he raped her sometime in March 1995, when she and her sister were at home with their two brothers, aged two and three years old at that time.
Their mother was working the night shift then.
He allegedly took the girl into the bedroom of the four-room flat in Jurong West, forced her to perform oral sex and later raped her.
She and her sister, who testified, too, said the offences were committed when there were no adults at home, except once.
This was sometime in April 1995, when he allegedly asked them to massage his legs in the bedroom while his wife was outside.
He allegedly locked the door and told the older girl to teach her sister how to perform oral sex and was stopped when his wife knocked on the door.
He faces a total of three charges of rape and six counts of carnal intercourse.
In his final submission before Judicial Commissioner Choo Han Teck yesterday, defense counsel S.Murugesan said that the case involved "bare allegations" by the victims and "bare denial" by the accused.
He added that there was no reason why one should carry more weight than the other.
But Deputy Public Prosecutor Marilyn Leng submitted that although it was the practice in Singapore that the evidence of a child must be corroborated, this was not a legal requirement.
She added that "a conviction is valid if the judge is satisfied beyond a reasonable doubt of the quality of the evidence".
The prosecution also submitted that the evidence of Dr. Chua Tsei Meng, from the department of obstetrics and gynaecology at the National University Hospital, supported the testimony of the elder daughter. Dr. Chua, who saw the older girl in August last year when the police report was made, had testified that his examination suggested that she had engaged in sex.
The case has been adjourned until next Thursday.
He found their testimony consistent, especially when Jun recall the names of TV programmes they were watching at the time of the incidents.
He also ruled that the children could not have imagined their stepfather masturbating without having seen it.
Medical evidence also showed that Jun's hymen was torn.
He was sentenced to TWENTY years in jail and TWENTY-FOUR strokes of the cane.
[note : names have been changed to protect the victims]
Since Lina's father sexually abused her in her teens, she cannot hold on to a relationship. After suffering terrible depression and trying to kill herself, she's finally in therapy. Now 27, Lina tells JULIE CHATTERJEE METHA how she's coping
"IT happened to me 52 times over four years, from when I was 12 until I was 15. I'm 27 now, but I remember every detail as if it happened yesterday. I even kept a diary.
But it wasn't until two years ago, when I started seeing a psychiatrist, that I acknowledged that my suicidal thoughts, low self-esteem and severe depression were the backlash of incest.
The fact that I have been unable to have sex with a really wonderful guy, my boyfriend of two years, or hold down any relationship for more than a few months all these years is another result of being abused sexually.
My father used to slip into my bed and make me do unspeakable things. I remember distinctly the smell of his armpits - sour and sickening. He covered my mouth with his palm so hard it made me choke.
My mother, who slept through it all,would scold me the next morning when I refused to eat breakfast or talk to my father, who would just sit there smiling. "Oh, she's just a sensitive child," he used to say, almost mocking me to tell the truth. I didn't of course because my mother was such a devoted wife.
Once, I wanted to run in front of a bus but my mother held me back - she thought I was being wicked. And when I was 13, I suddenly felt I couldn't take it anymore and ran away. It took my mother all of two hours to track me to my best friend's home.
When she dragged me back and caned me, I blurted out the truth. She didn't want to hear it. I got sent to my room and was branded the "little liar" who made up ugly stories.
From then on life became a forgetting game. It was a challenge to make it through the day without letting my father's night visits screw up my studies. He still came to me despite my having aroused my mum's suspicions, but less than before.
When I was 15, help came to me in a very strange form. It was shortly after a molest case involving a classmate. A teacher, who was a pastoral care counsellor, brought up the subject at school and encouraged us to ask questions. I realised then that I had the power to put my father in jail.
That night when he came to my room, I declared : "Just try it once more, and I'll report you." He must have sensed that I meant business because that was the end of the visits.
For several years afterwards, I continued to have the upper hand and it made me stronger. When I was entering university, he didn't say a word when I told my mum I expected him to cough up the fees.
I wasn't able to block out what happened. I couldn't relate to my new university friends who used to talk about the dates that they'd been on. I didn't date and it troubled me because I couldn't stand to be around men.
Three months before my finals in my last year at uni, I got friendly with a very charming guy and went on my first real date. It was a bad mistake because by the second week he was demanding heavy petting. I tried but it was horrible because it brought back all those nightmares.
I cut him off and promptly fell into deep depression. I would think of slashing my private parts or my breasts many times while I was in the shower because I never really felt clean or at peace with my body. I finally took an overdose of sleeping pills. Luckily, my classmate came to borrow some notes and discovered me in an incoherent state. She and another friend forced me to vomit. They thought I was going through exam fright and I let them believe that.
After I graduated and got my first pay cheque, I left home for good. In my first year of work, many guys showed an interest in me and some even mentioned they'd like to go out with me but the thought of them touching me was so unbearable, I always said no.
After that, I went on casual dates only. The moment anything turned mildly sexual, my first urge was to run.
Two years ago, I started seeing a psychiatrist and it helped. I nearly reported my father on three occassions but I kept thinking that my mother and two young brothers would suffer terribly if I did. However, if I had a sister, I am nearly certain I would have turned him in to save her the trauma.
I know for sure mow that I never want to see my parents again. I miss my mother but seeing her would bring back the memories. I meet my brothers once a month. One is doing his National Service and the other is working. They don't know what happened to me. My mother told them my father and I had differences we couldn't settle and that is why I am "unfillial".
If not for my sessions with the psychiatrist, I wouldn't have been able to tell my story here. The horror of my past will probably creep back from time to time but I'm trying not to allow it to become a curse.
Lim, the wonderful guy I've been seeing for nearly as long as I've been in therapy, is very caring. We have only gone as far as petting - probably unusual by normal standards - and I don't know if I can ever bear to have sex again. But Lim is very patient with me. He doesn't know about the incest, although I think he suspects that something terrible must have happened to me before.
The four-year-old girl was molested at the family's nasi padang stall, when her parents was around.
Little Faridah(not her real name)was molested by one of her parents regular customers at their nasi padang stall in July. Faridah had to miss nursery schoolfor a month because she was just too traumatised. And even now, more than four months after the incident, the bubbly girl withbig expressive eyes runs away from people who wear songkoks. This is because the molester, Azman Othman, 32, regularly wore one. Said Faridah's father:"Every time she sees a man in a songkok, she is scared, so we let her stay at home and not go to school for a while."
Whenever Faridah sees a man in a songkok, she goes and hides behind her mother or her father. Azman was a regular customer at the nasi padang stall. He was a volunteer at a nearby mosque and went to the stall, usually twice a day, for his meals. On the morning of July 29, around 9 am, Azman approached little Faridah and asked to sit on his lap. The scheming molester gave her a packet of noodle crackers and then boldly rubbed her groin region with his left hand. He also rubbed her buttocks. He even had the nerve to seal off his disgusting act with a kiss on the little girl's left cheek. Faridah's mother was busy cooking at that time.
Azman was caught red-handed because their neighbour, a hawker, saw what he had done. He quickly informed the child's mother. Said the mother:"I was just too shocked. This man always comes to my stall to eat and he always seemed friendly. "He just had mee-siam for breakfast that day. "The next thing I saw was my daughter on his lap, and how he affectionate with her, I felt so disgusted." The pain really sank in after the incident. Said the child's father:"We had to talk to her to tell her that what the man did was wrong. Since then, she has been feeling scared and did not even want to go to our stall.
JAILED ONE YEAR
Azman, the daring child molester showed none of his boldness in court on Wednesday.
Instead he was sobbing in the dock.
He had no lawyer to defend him, and pleaded guilty to all three molest charges.
Deputy public prosecutor Daniel Chia pressed for a deterrent sentence in court, stating that Azman's lewd act was "planned and deliberate" as Azman had given the girl a packet of noodle crackers to "gain her trust" before he molested her.
Azman was sentenced to a year in jail and four strokes of the cane.
Anyone found guilty of molest can be jailed up to two years, fined, or caned, or given a combination of any two of these.
KLANG - A 46-year-old businessman who has three wives and two ex-wives was arrested for allegedly raping his 15-year-old daughter on several occasions since December 1999.
Police arrested the man at his Taman Sri Muda office on Saturday following a police report lodged by the Form Four student.
The victim's mother found out about the girl's ordeal only recently, and they decided to take the matter to the police.
According to the police report, the suspect was the natural father of the victim and the mother was the second wife.
Since 1999, the victim was raped at least seven times by the suspect, the last occasion being in November last year. All the incidents allegedly took place at their house in Taman Mewah.
The police are investigating the suspect for statutory rape under Section 376 of the Penal Code.
The suspect was remanded in custody until Feb 18 to facilitate police investigations.
Police took the victim to the Tengku Ampuan Rahimah Hospital here for a medical examination, which confirmed that she had been abused sexually. --The Star/AsiaNews Network
At the age of 14, I was still totally ignorant about the term ‘molest’. It was supposedly one of the taboo topics censored at that time, or so it seemed. I remember very clearly now, how I felt the molester rubbing something up and down at the bottom in between my thighs. My eyes were shut at that time and I was wearing a hand-me-downs tight purple pants quite torn at the seams under and it was used only for sleeping. When I finally opened my eyes wide with shock, finding him on the top of me. He hurriedly got up, pulling his pants along and adjusting it. I shouted out loudly for my mother who was sleeping upstairs but to no avail. He pleaded me to keep quiet. I was very angry and told him to get out of the room. I stayed up a while longer and fell asleep as it was in the wee hours of the morning.
Previously, on numerous occasions, I will wake up finding that he was either halfway on the top of me or somewhere near me. This happens around 2 am to 3 am or so. He must have fabricated some sort of excuse to be in the room at that odd hour. Two of the excuses known to me is that he wanted to check whether the mosquito coil could cause a fire hazard or that he wanted to take his things he kept in the cupboard which was in the room. Furthermore, I was not on good terms with my mother and all the other siblings who slept in the 2 rooms upstairs. This attributed to no one responding to any of my cries for help.
I slept in the room downstairs on the cemented bare ground as it seemed cooler that way and there wasn’t any fan whatsoever. The room, however, was very cramped with 2 huge old desks, a small table, 2 cupboards and one display glass cabinet to store clothes, books and whatever junk the family has. My collection of clothes consisted of a torned school shorts and pants that I used for sleeping at night. We are taught to dress shabbily at home. Only on very rare occasions do we try to be properly dressed up. Also, I had my school pinafore and blouse and a few dirty old tee-shirts. The room is more like a ‘study room’ which the siblings named. I shared part of the room and there was where I ate, did my schoolwork and slept when I’m tired.
At that time also, I feared the eldest sister, whom I fought most of the time, would sneak in the room at night to create trouble. Thus, I would normally try to be awake at night but I cannot help it if I fall asleep eventually. And of all things, I did not realise whom I should fear most. I finally left the state in 1988 to independently earn a living and get as far as possible away from the miserable life I was having. Following that, I have had constant nightmares. Deep within my conscious, I knew something was amiss. My nightmares would normally end up me yelling out loudly continuously for my mother and my arms would stretch out and hitting hard whatever objects that was near me. I would faintly recall incidents from the past. As I became aware that I had been molested, I felt ashamed. I never told anyone about my ordeal. This in turn affected me psychologically. I became somewhat withdrawn and not let my feelings known. Many past school life memories came flooding to my mind, thoughts flashing while I was trying to further my education. When I finally returned to the house in September 1992, I cleared most of my junk stuff and remembered things that happened to me in my dreadful past. I finally told my mother about the molest but she did not believe a single word I said. Furthemore, the molester denied everything. I left the house a few days later, disgusted.
Life went on with other things to worry and do. Until very recently this year, 1995, there was a documentary giving an in-depth on molestation. Much publicity of molest cases and the such by the mass media gave me an ounce of courage to reveal my ordeal to my closest associate. I felt relieved for myself which lasted only for a few months. As I constantly came across reports on molestation in the news, I’ll always have this uneasy feeling and have developed tremendous hatred and angerness in me. Whenever I think about the nights I was molested, I had to do something about it for I am unable to sleep till 5 am in the morning, at times.
Expose and teach the world that some fathers do molest, attempt to rape and even rape their own daughters. Such molesters should be punished and put to shame.
SEREMBAN: A rubber tapper and his friend were charged in the Sessions Court here yesterday with raping the former’s 11-year-old daughter on four different occasions.
Both men pleaded no guilty.
The rubber tapper, 41, was charged with raping his daughter at 10am at an unnumbered house at Bradwall estate in Port Dickson sometime in November last year.
Judge Supiah Meon, who fixed April 29 and 30 for hearing, denied bail for the girl’s father who was unrepresented.
The tapper’s friend, R. Nadaraja, 39, faces three charges of raping the girl at a rubber estate along Jalan Seremban-Nilai.
He is said to have first raped the girl sometime in February between 2pm and 3pm.
Nadaraja, who was also unrepresented, is alleged to have committed the second offence in March and the third in April.
The accused was released on a RM8,000 bail.
Judge Abdul Rahman Abdol fixed Aug 19 and 20 for hearing
By Kuldeep S. Jessy
IPOH: A 39-year-old father was sentenced to eight years' jail and ordered to be given 10 strokes of the rotan by the Sessions Court here for raping his daughter last year.
The 13-year-old daughter gave birth to a baby boy a few months ago.
Sessions Judge Wong Teck Meng in passing sentence said the father had committed a serious offence.
The man, who had initially claimed trial to the charge of raping his daughter, who was then 12 years, at 5pm on May 31 at an unnumbered house in Kampung Gelok, Lenggong, Hulu Perak, changed his plea to guilty on Tuesday.
According to the facts of the case, the man raped his daughter after he had requested the girl to massage him.
The girl related the incident to a doctor who found her pregnant on June 2.
The accused was detained the same day and investigations showed he had raped the girl several times.
My neighbour is a "cho kai". She climaxed (moaned in pleasure loudly) when her father was raping her. Haam Ka Chan.
She also gave birth to her father's sperm, a bastard as a product of incest - lan chiau wan pa tan's (mouth).
Thus, climax inside lan chiau wan pa tan's mouth and asshole. Anak sundal lan chiau wan pa tan, the bastard as a product of incest. Papa raping lan chiau wan pa tan's mouth and asshole. Adam Chow Ah Kaw raping (climaxing into) lan chiau wan pa tan's mouth.
SEGAMAT: A 58-year-old man in Kampung Lembah Bakti near Tenang here has been arrested following allegation of rape by his 15-year-old granddaughter who is six months pregnant. Segamat police chief Supt Mohd Hazam Abdul Halim said the rape was discovered after the girl's elder brother suspected something was wrong with her.
He said the brother, a Form Five student, questioned the girl who alleged that she was raped by their grandfather when their grandmother was away.
"The brother then took the girl to the Segamat Hospital for a medical check-up and after being told of the pregnancy, took her to the police station to lodge a report," he added.
The man was arrested on Thursday.
"Both the brother and sister are living with the grandfather as their parents are staying elsewhere," he said yesterday.
Supt Mohd Hazam said the girl was initially reluctant to lodge a report but agreed after doctors advised her.
He said investigation showed the man raped the girl after watching some pornographic video compact discs at home.
He said police had also obtained a three-day remand order to detain the man for questioning.
MUAR: A 58-year-old man from Segamat yesterday pleaded guilty at the Sessions Court here to raping his 15-year-old granddaughter in their house in February this year.
Abdullah Manap, from Kampung Lembah Bakti, near Tenang in Segamat, was charged under Section 376, and pleaded guilty before Judge Datin Zunaidah Mohd Idris.
The judge fixed Oct 1 for sentencing and fixed bail at RM8,000, although prosecuting officer Asst Supt Lim Ah Bah earlier asked for RM15,000 bail.
The rape was reported to have been discovered by the girl’s elder brother.
 |
ABU Bakar being hauled to the Shah Alam Sessions Court. |
SHAH ALAM July 23 - A factory worker pleaded guilty in the Sessions Court here today to raping his daughters, aged eight and nine, at their house in Batu Caves on July 13 and 15 this year.
Judge Suraya Othman fixed Aug 28 for sentencing.
The 35-year-old Abu Bakar is alleged to have raped his nine-year-old daughter at their house in Kampung Sungai Tua Baru, Batu Caves, at 3 pm on July 13 and his eight-year-old daughter at 1.30 pm on July 15 at the same place.
He is charged under Section 376 of the Penal Code which carries a maximum jail term of 20 years and whipping on conviction.
By Jane Ritikos
The Women and Family Development Ministry is proposing that incest be defined as a separate crime from other forms of rape under the Penal Code.
Its minister Datuk Shahrizat Abdul Jalil said the ministry was working with Minister in the Prime Minister's Department Datuk Seri Utama Dr Rais Yatim to propose amendments to the Code to include provisions for offences involving incest.
She said the proposed amendment would include proper steps to adduce evidence for incest cases.
"The evidence needed is very strict under the Penal Code. But incest usually occurs over a long period of time so the provision makes it difficult to prove the case," she said at the ministry's first post-Cabinet press conference.
Shahrizat said this was part of the ministry's "Women Against Violence" (WAVe) campaign which would look into "cleaning up the Penal Code and other laws which would continue making the women victims."
"We are declaring a war on violence against women. With our victory in getting the word 'sex' included in Article 8.2 of the Federal Constitution, we now can look into ensuing laws pertaining to women."
In April, Court of Appeal Judge Datuk Shaik Daud Ismail called for heavier penalties and specific section in the Penal Code for the offences in view of the rampant occurrence of incest.
Shahrizat said another proposal was punitive sentencing for incest which "should commensurate with the seriousness of the disgusting crime and reflect the gross breach of trust.".
The ministry, she said, would propose that committing the first offence should not be taken as a mitigation factor in sentencing.
She said sentencing should be the same for perpetrators who were juveniles.
"After all we are taught from young that incest is wrong and it is a gross breach of trust," she said.
She said although incest as a specific section was included in the Syariah law, the proposed amendment under the Penal Code should also cover Muslims.
"Sentencing under the Penal Code is faster. Moreover under the Syariah law you need witnesses, which makes it difficult," she said.
She said the law on incest should be looked into comprehensively including to ensure that women were not punished for reporting incest.
She pointed out to a case where a victim who reported she was raped by her father was later charged with having an illegitimate child.
Shahrizat said there were 205 incest cases reported in 1998, 184 in 1999, 136 cases last year and 73 cases up till May this year.
She said the National Population and Family Development Board would start an advocacy campaign on violence against women.
She said the board's 53 clinics would now provide counselling and advice on violence in the home. The helpline numbers are 03-26937149 and 26937555 ext 330/338/339.
By Jane Ritikos
KUALA LUMPUR: Those guilty of incest can be jailed for between six and 20 years and be subjected to mandatory whipping under a proposed amendment to the Penal Code.
The minimum jail term of six years is one year more than the current minimum imprisonment for rape.
The amendment to the Code would define incest as a separate crime from other forms of rape. It is currently lumped together under Section 367.
Minister in the Prime Minister's Department Datuk Seri Dr Rais Yatim said the proposed amendment which would see an additional section--Section 376A--which would include mandatory whipping as a penalty.
The proposed amendment is expected to be tabled in the current meeting of Parliament.
Under Section 376 of the Penal Code, a convicted rapist can jailed for a term not less than five years and not more than 20 years, and also be liable to whipping.
Dr Rais said the Cabinet viewed with grave concern the trend of incest in the country and the draft amendment was pursuant to the rampant occurrence of the crimes.
"Due to this, as well as taking into consideration the concern of many including the Women and Family Development Ministry, the Cabinet decided on a swift introduction of the amendment," he said yesterday.
He also said the amount of whipping to be meted out would be on the discretion of the court as it depended on the age of the offender but that "it cannot be done away with."
On Wednesday, Women and Family Development Minister Datuk Shahrizat Abdul Jalil said the ministry was working together with Dr Rais on proposed amendments to the Penal Code to define incest as a separate crime from rape.
She said the ministry would also make a proposal on the need for evidence to be adduced, which she said was not appropriate for incest cases.
Calling the case horrid and distressing, judge sentences him to 19 years' jail and maximum 24 strokes of the cane
By Alethea Lim
COURT CORRESPONDENT
JUST a year after he married the mother of a seven-year-old girl, he started raping his stepdaughter.
For five years, the sexual abuse continued.
His crimes came to light only about six months ago when the girl confided in her classmates.
Yesterday, the 40-year-old factory operator was sentenced to 19 years' jail and the maximum 24 strokes of the cane.
Calling the case 'horrid and distressing', Justice M.P.H. Rubin said the stepfather had chosen to abuse and sexually violate the girl to satisfy his lust instead of providing support for her.
'The pain and agony you have caused a young victim can't be understated,' added the judge.
The stepfather pleaded guilty to three counts of rape. Another four rape charges, a molest charge and another for possession of obscene VCDs were taken into consideration.
He cannot be named as it would expose his stepdaughter's identity.
The man first raped the girl sometime in 1997, Deputy Public Prosecutor Mohamed Nasser Ismail told the court. Sometime last year, while his wife was at work, he raped her again in his bedroom.
He did it yet again on Dec 31 that year, when his wife was attending her company's dinner.
Then, on Feb 5 this year, when his wife was at work, he entered the girl's bedroom while she was sleeping and molested her.
He also tried to kiss her, and when she resisted, he put his hands around her neck and choked her. Frightened, she complied. He then raped her.
The court heard that she did not tell her mother about the incident, but confided in her classmates the next morning.
Her teacher and principal later told the girl's mother, who then accompanied her daughter to make a police report.
The girl's stepfather was arrested the same day.
He admitted in court yesterday that he had 'done something very, very stupid' and asked for forgiveness.
Asking for a deterrent sentence, DPP Mohamed Nasser said that the man's behaviour was 'vile, depraved and heinous'.
The maximum penalty for a single count of rape is 20 years in prison and 12 strokes of the cane.
In this case, the judge ordered that two of the man's sentences run consecutively.
KOTA KINABALU: Police in the northern Kota Marudu district arrested a 42-year-old fisherman for allegedly molesting his 15-year-old daughter at least twice after watching pornographic videos.
Kota Marudu district police chief Deputy Supt Salleh Ahmad Bee said the man was detained at his home in Kampung Tanjung Batu after the girl reported the incidents.
DSP Salleh said the girl told police that the first time she was molested was in April when her father returned home from a fishing trip at about 7am and watched a pornographic video. The man asked his daughter to watch the obscene video as well.
At that time, the man's wife was looking after a stall nearby.
The girl sat down for a while and then went to the kitchen. Her father followed her and hugged his daughter from behind and began caressing her private parts.
DSP Salleh said the terrified girl managed to slip away.
In the second incident on July 23, the man went into his daughter's room at about midnight and began to kiss her on the lips. She immediately ran outside, DSP Salleh said.
Women MPs, including those from the opposition, rallied to support an amendment to the Penal Code making incest a separate crime from rape and also to enhance its punishment. Datin Paduka Dr Tan Yee Kew (BN Klang) called for equal punishment to be meted out to family members who "covered up such acts."
"Family members have the responsibility to protect their children. If a father rapes his daughter, he should be punished.
"Similarly, a mother or a family member who knows of such an incident but refuses to report it to the police should also be penalised," she said when debating the Penal Code (Amendment) Bill.
Dr Tan said even schools continue to discriminate against women. A female student is often expelled for getting pregnant but a male student is rarely punished for his part in it.
Chong Eng (DAP Bukit Mertajam) said that under the bill, the definition of incest only involved "sexual intercourse" between the perpetrator and the victim.
"This does not include oral sex, sodomy or other forms of sexual abuses.
"Rape should also be reclassified to increase the sentence when carried out against the mentally handicapped, the young or those incapable of looking after themselves," she said.
Datuk Napsiah Omar (BN Kuala Pilah) questioned why there was a difference in the age of consent for males and females.
She said there were provisions which stated that the age of consent for males was 13 and 16 for females.
Fong Kui Lun (DAP Bukit Bintang) said pimps operating along Jalan Bukit Bintang were bold to the extent of knocking on the windscreen of cars which passed by, to try to lure clients.
Earlier, when tabling his speech, Minister in the Prime Minister's Department Datuk Seri Dr Rais Yatim said the amendment would also seek to increase the sentences for those convicted of incest.
"Instead of fines, those guilty will now be imposed a minimum jail term of six years and up to 20 years, with the possibility of caning.
He added that the bill would also provide for mandatory jail sentences of up to 15 years for those involved in the prostitution of women and the running of brothels.
By Alethea Lim
COURT CORRESPONDENT
A TEENAGER charged with abducting and sexually assaulting two young girls was found dead in his prison cell three days before his case was to be heard in the High Court.
Deputy Public Prosecutor Amarjit Singh told the court yesterday that foul play was suspected.
Shankar Suppiahmaniam, 19, was found dead at 9.02 am on Friday at Queenstown Remand Prison. He was pronounced dead at Alexandra Hospital at 10.19 am that day.
His uncle, Mr Rajkumar, 32, told The Straits Times that when he went to identify the body, he saw bruises on it.
'There were also strangulation marks on his neck and cuts on his lips,' added the operations executive.
The police said that they were classifying the case as unnatural death and were still investigating the matter.
If he were alive, Shankar would have faced eight charges in court yesterday.
One of them was for abducting a nine-year-old girl at Block 45, Tanglin Halt Road, on the night of Oct 10 last year. He allegedly took her to MacRitchie Reservoir where he allegedly molested her, forcing her to perform oral sex on him, before he is supposed to have raped her.
Two months later, on Dec 2, he is supposed to have abducted a 10-year-old girl at Block 241, Tampines Street 21, by allegedly claiming he was a police officer.
He was also alleged to have made her perform oral sex on him and molested her at a vacant flat off Alexandra Road.
Yesterday, Senior Staff Sergeant Hoon Kheng Wah, who is in charge of investigating the case against Shankar and his death, confirmed in court that the youth had died.
DPP Amarjit Singh said that given the circumstances, he was applying to the court to have the case against Shankar closed.
Judicial Commissioner Choo Han Teck granted the application.
AN INMATE of Queenstown Remand Prison was arrested yesterday for allegedly killing his cellmate.
The 35-year-old man is said to have attacked Shankar Suppiahmaniam, 19, because they did not get along.
Shankar was found unconscious in the cell at about 9 am on Aug 10, three days before he was to appear in court on sexual-assault charges.
He had bruises on his face, neck and body and was pronounced dead at Alexandra Hospital.
Police are treating the case as murder and are questioning the inmate, who is facing unrelated rape charges.
It is believed that a third inmate who shared the cell with the duo was away at the time of the attack.
The dead man's sister, Miss Shandrakala, 30, a carpark attendant, said yesterday that she learnt of her brother's death when she tried to visit him on the Friday morning when he was found unconscious.
'At first, I was told that he had been sent to hospital. Shortly afterwards, I was told that he had died.was stunned. When I saw his body at the hospital, his face was out of shape, his lips were broken and there was blood from his mouth.
'I saw marks round his neck as if he was strangled and there were bruises on the sides of his body. I could not believe what I saw.'
She said Shankar did not mention having any problems with his inmates.
This is the third time in recent years that a prison death involving violence has occurred.
In March 1996, three prison officers were convicted for causing the death of an inmate in Remand Prison and sentenced to jail terms of between six and 10 years, in addition to caning.
In October 1988, a prisoner in Changi medium-security prison was jailed for eight years for killing a fellow prisoner.
AN inmate of the Queenstown Remand Prison has been arrested by the police for allegedly killing his cellmate Shankar Suppiahmaniam, 19, who was facing two child-molest charges in the High Court.
The inmate, 35, allegedly inflicted various injuries on Suppiahmaniam, 19, while they shared the cell.
Shankar, who was supposed to appear in court on Monday to answer to charges of sexually assaulting two young girls, was found unconscious in the cell at about 9 am on Friday.
He had bruises on his face, neck, and body. He was conveyed to Alexandra Hospital but he died at 10.20 am that same day.
The police are treating the case as murder and are questioning the inmate. The man is in remand prison because he is facing unrelated rape charges.
Under the law, those who are found guilty of murder will face the death penalty.
By Christina Tan
MALACCA: Hours after a teenage uncle told reporters that his four-year-old niece died after a fall from a chair at their house in Tanjung Minyak, police detained him and his 45-year-old mother for alleged abuse and murder of the child.
Contrary to what the Form One schoolboy had claimed, the post mortem revealed that Siti Harmi Aida Abdullah was abused to the point of death.
Police said there was a blood clot in her head and several bite marks and bruises on her arms and body.
"We also believe that the child was lifted and shaken violently, causing severe internal injuries," said Melaka Tengah OCPD Asst Comm Mohamed Salim Abbas, who re-classified the sudden death report to murder yesterday.
However, he said initial investigation revealed that Siti Harmi, who had been staying with the 13-year-old uncle and her step-grandmother for about two months, succumbed to the injuries sustained.
"We also found some wounds believed to have been inflicted on Siti Harmi more than a week ago," said ACP Salim.
The duo were detained on Monday night at their house in Rumah Awam/Taman Perwira Cheng about 13Km from here.
He said Siti Harmi was pronounced dead at about 8.10pm on Sunday when she was taken to the Malacca Hospital by her step-grandmother.
ACP Salim claimed that the woman had told police that the child was crying before she became unconscious in the house.
"We are still trying to trace Siti Harmi's natural mother, said to be staying in Muar," he said.
Siti Harmi's neighbour, who only wanted to be known as Queck, a foodstall operator in Kampung Lapan, said the family moved into their rented house from Muar several years ago.
"But I started noticing the child only recently," he said, adding that he was not around on the day she was taken to the hospital.
Queck said Siti Harmi, a very cute and adorable child, was never seen playing outside her house compound.
"The times that I saw her, she was playing with her teenage uncle," he said.
He said the girl was left alone most of the time with her uncle because the grandmother was out very often.
"The last time I saw Siti Harmi was two weeks ago when I went to see her grandmother to recommend her for a direct-selling job.
"Her grandmother told me that she had financial problems and needed a job," he said.
Susan Loone
5:26pm, Wed: Women politicians who suggested that working wives were responsible for the incest crimes committed by their husbands, were criticised today for their irrational justification.
Women’s Development Collective (WDC) executive director Maria Chin Abdullah said this was a shallow reasoning which failed to address the root of the problem.
“Even if women stayed at home it did not mean that incest would not happen. Incest is definitely not a female worker’s problem,” she told malaysiakini.
Recently, Barisan Nasional member of Parliament (MP) for Sepang, Seripah Noli Syed Hussin, when debating the Penal Code Amendment Bill 2001 in Parliament, said incest happened because some wives nowadays were too busy to entertain their husbands.
This prompted a male MP to ask if women should allow their husbands to marry again and Seripah agreed.
Debating the same bill, PAS senator Jamilah Ibrahim said wives, except those working in hospitals, should not be allowed to work at night in order to prevent cases of incest.
According to her, women working at night could not discharge their conjugal responsibilities and this caused husbands to find other outlets for their sexual urge.
Disappointing arguments
Maria expressed disappointment that women MPs also fall prey to the misconception that men’s sexual needs should be “serviced at all times” and that women are at fault if they fail to fulfil this role.
“No one should decide the time and place of work for women who can decide for themselves,” she said.
She added that women politicians should re-evaluate their gender values or women’s relationship with men and find out the root of the problem.
“They should not justify the crime because it is the victim whose life has been violated and trust broken,” she stressed.
Maria also said there is a common assumption that all women would speak out against these crimes but according to her “women usually keep quiet about their husbands or male relatives who molest or rape female members of the family due to shame, family unity and their own role in the family.”
Echoing a similar concern, DAP Wanita said incest victims endure long-term social and psychological trauma. Some are unable to have intimate relationships for the rest of their lives.
Wanita chief Chong Eng said nobody, including women politicians, should justify these crimes.
Wives should not be blamed for crimes committed by their husbands. All adults regardless of sex should be responsible for their own conduct and action, she said.
“Marital relationship is about shared responsibilities and mutual rights and not just husbands’ rights to sex,” she added.
SEREMBAN: The Sessions Court here yesterday rejected the guilty plea of a 41-year-old Felda settler, who is charged with raping his 11-year-old daughter, after he said he was drunk at the time of the incident.
Judge Supiah Meon said that although the accused pleaded guilty to raping his daughter and agreed to the facts of the case, he had claimed in his mitigation that he was drunk.
“Based on the facts presented, I find you guilty of the offence. But in your mitigation, you brought up your drunken state at time of offence.
“I find that your plea is conditional and I have to reject it. I will have to fix a trial date for you,” she added.
She fixed Feb 25 and 26 for trial.
The accused, who was unrepresented, is charged with raping his daughter on June 3, 2000, between noon and 7pm at their house at No 251, Block L, Felda Serting 3, Bandar Baru Serting.
He was charged under Section 375 of the Penal Code and faces a jail term of not less than five years and not more than 20 years and whipping, if found guilty.
According to the facts of the case, which the accused agreed to, the victim lodged a police report against him on Aug 10 at 11.05pm.
The underaged girl reported that the accused had been fondling her since she was 11 years old.
On June 3, the girl told her sister that the accused had rubbed cooking oil on her private parts before penetrating her vagina. Their mother confronted the accused who denied doing so.
On Aug 3, the girl related the incident to her mother’s foster sister who took her to lodge a police report.
By Elena Chong
A TEENAGE girl slept with her stepfather after he demanded she do so in exchange for permission to attend a school camp, a district court heard.
Initially, the 15-year-old refused, but changed her mind as she desperately wanted to go camping with her schoolmates.
The court heard that the 50-year-old despatch driver molested the girl one night in June 1999 at their Jurong flat.
She stayed awake the entire night she spent with him, afraid that he might molest her, which he did.
He continued to touch her when she resisted.
When she could not stand it any more, she shouted for him to stop.
He then told her to return to her room if she did not like it. She left.
A month later, she told her aunt what happened. The aunt told the victim's mother and the two confronted the accused, who apologised.
No police report was made at the time and the molestations continued.
On June 26 last year, the victim, now 16, fainted in school and was warded. Friends and teachers then told the police about the sexual abuse.
Deputy Public Prosecutor David Khoo said the accused had robbed the victim of her innocence and nothing could make up for the trauma.
Because of the frequency of his abuse in 1999, the victim could not recall all of the incidents.
District Judge Teoh Ai Lin sentenced the man to 20 months for molest. He escaped caning as he is over 50.
This document was prepared by using information obtained from the Sources listed above. All information contained herein is correct at the time of implementation of this Victims' accounts. Action-aicsa cannot be held responsible for any inaccuracy, omission or alteration that may occur.
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