Published by The Staronline on 29 August 2012.
By Simren Kaur.
By Simren Kaur.
Another person has been bound over on a good behaviour bond for statutory rape. This time, it is an electrician found guilty of raping his 12-year-old girlfriend on two occasions last year.
Sessions judge Sitarun Nisa Abdul Aziz ordered Chuah Guan Jiu, now 22, to be bound over for three years on a RM25,000 good behaviour bond. She said the court took into consideration that Chuah was a young, first time offender. “We also considered the fact that the sexual act was consensual and that he is a school dropout,” she said when handing down the sentence.
Sitarun Nisa said that another consideration was Chuah’s future. Chuah, who was wearing a shirt and blue jeans, showed no emotion when the sentence was passed.
The court had on July 20 found him guilty of raping the girl, then aged 12 years and 10 months, at his flat in Air Itam between 7am and 1pm on July 18 last year, and between 2.25pm and 2.45pm the next day.
The offence under Section 376(1) of the Penal Code carries a maximum jail sentence of 20 years and whipping. On Monday, 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.
“They were dating and the accused should have protected her but he took advantage of her instead."
She asked him many times to take her to school but he said he felt unwell and took her to his home,” Lim had said when pressing for a deterrent sentence. In mitigation, counsel Yusuf Idris said his client earned RM30 a day and was staying with his parents and a younger sibling. “This is his first offence. He has a fixed job now and many years ahead of him,” he said. Yusuf said his client had repented and urged the court not to impose a custodial sentence in view of Chuah’s age.
The sentencing came in the wake of the case of former national youth squad bowler Noor Afizal Azizan who was bound over for RM25,000 to be of good behaviour for five years after he pleaded guilty to the statutory rape of a 13-year-old girl.
There was public uproar on Aug 8 when the Court of Appeal allowed Noor Afizal’s appeal against a High Court’s decision to sentence him to five years jail for the offence.
In a written judgment released on Monday, the Court of Appeal said Noor Afizal, who 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 given a guarantee that he would not commit such an offence again.
Related reports:
In a 14-page written judgment http://www.kehakiman.gov.my/directory/judgment/file/M-09-227-10-2011.pdf released yesterday, Court of Appeal president Justice Raus Sharif said Noor Afizal – 19 at the time of the offence and now 21 – had not “tricked the girl into submitting to him”. Sitting with him were Justices K.N. Segara and Azhar Ma’ah...
There was public uproar on Aug 8 when the court allowed Noor Afizal’s appeal against a High Court decision to sentence him to five years’ jail for statutory rape of the 13-year-old girl. In his oral decision, Justice Raus said he agreed with Noor Afizal’s counsel that public interest would not be served if he received a jail sentence when he had “a bright future”.
http://www.themalaysianinsider.com/malaysia/article/rapists-freed-by-courts-match-medical-definition-of-paedophiles/
Both national bowler Noor Afizal Azizan and Chuah Guan Jiu two young men who escaped jail terms despite raping 13- and 12-year-old girls respectively, may be classed as paedophiles according to international medical standards and psychiatrists here, suggesting the courts may have freed sexual predators who might repeat their crime. The World Health Organisation’s International Classification of Diseases (ICD) categorises paedophilia as “a sexual preference for children boys or girls or both usually of pre-pubertal or early pubertal age ”.
And according to the Diagnostic and Statistical Manual of Mental Disorders (DSM) used by mental health professionals globally, paedophilia is the sexual attraction to pubescent or pre-pubescents aged 13 or younger, and the subject must be 16 or older with the child at least five years younger.
http://news.malaysia.msn.com/regional/bowler-statutory-rape-sex-consensual-court-says
MSN Malaysia readers were vocal in their overwhelming opposition to the verdict. Some of the following comments regarding the case include:
How can a 13 year old girl even know what she is agreeing to? Are judges now sick? How are we to uphold our law if Judges take crime lightly? I think ONE OF THE MAIN REASONS THAT CRIMES ARE FLOURISHING IN this country are because we have judges who are WEAK. -- rightofvictim
Has the girl a bright future too, your honor?? -- ERLISH
Outrageous! Even a world boxing champion was jailed in the US for his trysts with a woman under the age of consent. Oops, but then it was a different court. -- choun young
So what is the message we are getting here? If you show promise in sport, you are above the law? -- Sar3 Ong
http://www.themalaysianinsider.com/malaysia/article/rapists-freed-by-courts-match-medical-definition-of-paedophiles/
Both national bowler Noor Afizal Azizan and Chuah Guan Jiu two young men who escaped jail terms despite raping 13- and 12-year-old girls respectively, may be classed as paedophiles according to international medical standards and psychiatrists here, suggesting the courts may have freed sexual predators who might repeat their crime. The World Health Organisation’s International Classification of Diseases (ICD) categorises paedophilia as “a sexual preference for children boys or girls or both usually of pre-pubertal or early pubertal age ”.
And according to the Diagnostic and Statistical Manual of Mental Disorders (DSM) used by mental health professionals globally, paedophilia is the sexual attraction to pubescent or pre-pubescents aged 13 or younger, and the subject must be 16 or older with the child at least five years younger.
http://news.malaysia.msn.com/regional/bowler-statutory-rape-sex-consensual-court-says
MSN Malaysia readers were vocal in their overwhelming opposition to the verdict. Some of the following comments regarding the case include:
How can a 13 year old girl even know what she is agreeing to? Are judges now sick? How are we to uphold our law if Judges take crime lightly? I think ONE OF THE MAIN REASONS THAT CRIMES ARE FLOURISHING IN this country are because we have judges who are WEAK. -- rightofvictim
Has the girl a bright future too, your honor?? -- ERLISH
Outrageous! Even a world boxing champion was jailed in the US for his trysts with a woman under the age of consent. Oops, but then it was a different court. -- choun young
So what is the message we are getting here? If you show promise in sport, you are above the law? -- Sar3 Ong
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