Too Lenient!

 

The Star, Thursday August 30, 2012

Groups disappointed over light sentences

By LOH FOON FONG, YUEN MEIKENG and QISHIN TARIQ
newsdesk@thestar.com.my

(From URL: http://thestar.com.my/news/story.asp?file=/2012/8/30/nation/11934430&sec=nation)

PETALING JAYA: Women and children rights groups are disappointed over the “light” sentences handed down in the recent statutory rape cases, saying that the victims' interests were not protected.

Malaysian Child Resource Institute governor Aisha Z. Abdullah said that the judgments which did not punish the perpetrators was bordering on “blasphemy”.

“It opens a precedent that it is all right to have sex with minors,” she said.

Voicing concern: (From left) Prema, Ivy and Chong voicing their views on the light sentences handed down in the recent statutory rape cases.
 

She said for some groups, sex at an earlier age was not prohibited as it promoted procreation but teenagers might not be mature enough to handle the relationship while also being deprived of many opportunities and achievements in life.

Women's Centre for Change Penang programme director Prema Devaraj questioned whether a child aged 12 or 13 was mature enough to “effectively consent” to a sexual relationship.

“There are adults who prey on nave under-aged girls and although the sex may be allegedly consensual, the element of exploitation is very real,” she said.

Women's Aid Organisation executive director Ivy Josiah said children should be educated on the consequences of having sex at an early age.

MCA's Public Services and Complaints Department head Datuk Seri Michael Chong said he had dealt with over 20 cases of statutory rape in the past five years.

“While some genuinely want to solve the problem, there are parents who try to extort money from the boy's family after their daughter is pregnant.

“If they do not pay up, the girl's parents will threaten to report the boy to the police or inform the media,” he said, adding that some parents have demanded for between RM50,000 and RM100,000.

National Council of Justices of the Peace secretary-general Datuk M. Ramalingam said Noor Afizal's case could be reviewed if the Court of Appeal reviewed its own decision or if the Public Prosecutor applied for a judicial review.

“In the absence of both, the court's decision is final and binding on all parties.

“Sad as it may be, but the decision has to be respected and the sanctity of court be honoured,” he said.

Experts split over review of consent age

The Star, Thursday August 30, 2012

(From URL: http://thestar.com.my/news/story.asp?file=/2012/8/30/nation/11937255&sec=nation)

PETALING JAYA: Experts are divided on whether the age of 16 in cases of statutory rape should be reviewed due to children maturing at a younger age.

Lawyer Edmund Bon said maturity and their understanding of sex and consent should be considered.

“The education system needs to provide advance sex education, teach children their rights, make them more assertive and help them understand what rape is and what consent means,” he said, but declined to state if he was in favour of either increasing or reducing the age of consent from 16.

Lawyer Karpal Singh said although 16 was acceptable in cases of statutory rape, the Attorney-General could study if it was necessary to lower the age.

However, senior consultant community paediatrician in Ipoh Datuk Dr Amar Singh said people should ask themselves if they would want their daughters to have sex at age 13 or 14.

“This is not about restricting their freedom but whether they are in a position to decide for themselves when older men take advantage of them,” he said.

Suhakam commissioner James Nayagam said 16 had been recognised as the age when a teenager could recognise and be responsible for sexual relations.

“Relationships between young adults and girls, especially those below 14, are not a fair playing field because when a girl is emotionally dependent on an adult, she will be more vulnerable to having sex,” he said.

Lawyer Honey Tan said it would not be wise to reduce the age limit.

“We should look at studies regarding the impact of having sex at a very young age from the physical, psychological and emotional angles,” she said.

Tan said she was concerned that judges seemed to think that young girls of 12 and 13 could consent to having sexual intercourse when they had been “socialised” to be “respectful to their elders”.

Prosecutor to argue decision to bind electrician for three years

The Star, Thursday August 30, 2012

By JOSEPHINE JALLEH
josephine@thestar.com.my

(From URL: http://thestar.com.my/news/story.asp?file=/2012/8/30/nation/11934440&sec=nation)

GEORGE TOWN: Deputy public prosecutor Lim Cheah Yit will file an appeal today against the Sessions Court's decision to bind over 22-year-old electrician Chuah Guan Jiu for three years to be of good behaviour after he was found guilty of statutory rape.

He is making the appeal amid rumblings of dissent over the judgment which followed a similar penalty handed down to former national youth squad bowler Noor Afizal Azizan for consensual sex with an underage girl.

Lim said: “I'm disappointed (with the judgment). It had been a consensual act between the two parties but the girl is still a minor.”

The father of the rape victim (who was 12 then and 14 this year) expressed his dissatisfaction with the judgment to reporters when they called on him at his Air Itam flat yesterday.


The odd-job worker, who is in his 40s, said he might seek an appeal for a more deterrent sentence against Chuah.

The widower declined further comment while a woman relative said that she, too, was unhappy with the sentence.

All Women's Action Society senior programme officer Lee Wei San said the organisation was “alarmed” by the ruling and the reference to Chuah's “bright future”.

A similar allusion was made in the case of Noor Afizal.

“This seems to have become a standard excuse for lenient sentencing in statutory rape cases. We look forward to reading the court's written judgment (in Chuah's case),” she said.

Protect and Save the Children executive director P. Nagasayee Malathy appealed to the judiciary to view such cases in the best interest of the victims to prevent future offences.

On Tuesday, Chuah was ordered to be bound over on a RM25,000 good behaviour bond after he was found guilty of raping the girl on two occasions last year.

Sessions judge Sitarun Nisa Abdul Aziz in her judgment had said the court took into consideration that Chuah was a young, first time offender.

Meanwhile, a 54-year-old former police officer also questioned the court's decision.

Social worker Datuk Dr E. Selvarajoo said the convicted rapist should not be let off that easily.

“He should at least be sent to prison in the public interest,” said Selvarajoo, a retired sergeant-major.

Opinion, The Star, Thursday August 30, 2012

Protect our young girls

IT is distressing for those of us working with child abuse victims to see another child who has been sexually abused (statutory rape) apparently ignored by the courts.
The last two rulings by the court seem to focus more on the perpetrator rather than the victim’s situation.
It is possible that the judges involved have never seen the plight of a young girl who has been taken advantage of, even when it is conveniently called “consensual”.
The law to protect young children from sexual abuse and rape is there for a purpose, and written with reasons.
There are a number of concerns here with these custodial sentences.
Firstly, the age disparity between the perpetrator and the victim clearly shows that the victim was too young to understand or control the situation.
It makes a mockery of the word “consensual”. The older men, both adults at the time, should know better but chose to ignore the rights of the young girls.
Secondly, the ruling ignores the trauma that has happened and will continue to haunt these young girls.
Having worked with childhood survivors of sexual abuse for many years, I can say that the girls involved will face much emotional and psychological pain for years to come.
Again this has been seemingly ignored in the sentencing.
Thirdly, we are giving a clear message to other perpetrators that the courts takes a soft view of the abuse of children when the perpetrator involved is a young adult.
This will embolden more to act without restraint.
Both the Penal Code and the Child Act, based on the UN Convention on the Rights of Children, are clear as to these actions.
They are abusive acts of an adult who should know better.
A child has been taken advantage of and damaged, possibly for life.
It is sad when we have ignored the silent cries of our children for our support and protection.
DATUK DR AMAR SINGH
Senior Consultant Community Paediatrician, Ipoh