Over and over again, we read and listened and are exposed to news about women and children being raped around the globe. Over and over again, people are being educated that rape is a 'crime', and thus focus should be on the criminal, and not on the victim for the way they dress, they way they act for NO ONE ask to be raped!
As in the crime itself is not heinous enough, here in Malaysia - criminals are bound over for THEIR good behaviour. Definitely makes you wonder what kind of law there are (which are actually effective), to protect the victims in this country.
*-*-*
Case 1: A former national youth squad bowler NOOR AFIZAL AZIZAN was bound over for RM25,000 to be of good behavior for five years after he pleaded guilty to the statutory rape of a 13-years-old girl.
Reason given by the Court of Appeal? He was 19 at the time of the offence, had not been "very much older" than the minor he had consensual sex with, had cooperated with the police, shown remorse, and guarantee that he would not commit such an offence again.
# Question 1: Is 13-years-old OLD ENOUGH to give consensual sex and able to understand the outcome or result surrounding it? This girl is STILL a CHILD!
# Question 2: Doesn't being "older" make him understand and realize the situation he's in MUCH BETTER?
# Question 3: Does his "guarantee" actually warranted anything at all?
# Question 4: If I stabbed a person, and I plead guilty, and that person allowed me to stab him/her, I cooperated with the police, shown remorse, and guarantee that I will not commit such thing again, will I too be freed?
# And while the court has defended their decision, saying it has nothing to do with him being someone with power (even little), this decision proves to be rather suspicious, isn't it?
# Will the court actually still have him bound over if she's their own daughter?
*-*-*
Case 2: A 22-years-old Electrician has been bound over on a good behaviour bond for RM25,000 to be of good behaviour for 3 years after being found guilty to the statutory rape of a 12-years-old girl and 10 months.
Apparently, the court took into consideration that CHUAH GUAN JIU was a young, first-time offender, consensual sexual act, being a school dropout and HIS future.
The most interesting part are the details of this case which I listed below:
1. DPP Lim Cheah Yit said Chuah had coaxed the girl into skipping school and following him back to his flat on the pretext of him being sick.
2. "She asked him many times to take her to school but he said he was unwell and took her to his home," Lim had said when pressing for deterrent sentence.
3. Counsel Yusuf Idris said his client earned RM30 a day and was staying with his parents and a younger sibling.
4. "This is his first offence. He has a fixed job now and many years ahead of him," he said.
5. Yusuf said his client has repented and urged the court not to impose a custodial sentence in view of Chuah's age.
# Again, a girl who is still very much a child. Can she really consent to sex?
# From the content of the case, it is highly understood that he has every intention to rape her (so what's so consensual about this?)
# Does earning RM30 a day as well as staying with parents indirectly caused a person to have an urge to rape, or more precisely, why do that has anything to do with his own decision to rape?
# Being a first-offender nor a school dropout DO NOT suggest that he will not do it again nor the fact that he do not realize the consequences of his action.
# Age of a criminal has nothing to do with the crime he commit!!
*-*-*
It sure looks like our Malaysia Courts are lacking funds, else I can't see any reason why these two criminals are allowed to be in the society without any punishment to remind them that what they did is more than wrong, it's heinous. The fact that they are both adults (over the age of 18-years-old) and are more than capable in finding someone of eligible age for sex, speaks volume for their action.
Despite that offence under Section 376(1) of the Penal Code carries a maximum jail sentence of 20 years and whipping, the fact that I have NEVER throughout these years notice that rapists are punished for more than 10 years shown how little the law cares to protect their very citizens.
I'm not even disappointed anymore, I'm DISGUSTED. Disgusted with the system. Disgusted with the law. Disgusted with this country. Disgusted with the fact that while nothing is being done about all this, the government/politicians are more concerned about protecting their asses with Section 114A of the Evidence Act of 1950 - which very existence is just to stop the citizens from finding out their dirty works in the ministry - just another ISA.
