High Court overturns light sentence, man jailed for statutory rape

GEORGE TOWN, Nov 19 — An electrician, who was only bound over by a Sessions Court for raping a 12-year-old girl, was sent to jail after the High Court overturned the light sentence that had sparked public outrage.

High Court judge Datuk Seri Zakaria Sam (picture) sentenced Chuah Guan Jiu, 22, to five years’ and 5½ years’ jail, to be served concurrently, for two counts of raping the girl last year.

Chuah was initially bound over for three years for RM25,000 after the Sessions Court convicted him of raping his then 12-year-old girlfriend at his flat in Farlim here.

Chuah committed the offences some time between 7am and 1pm on July 18 last year and again some time between 2.25pm and 2.45pm the next day.

It was announced last month that the government has given the “green light” to the Attorney-General’s Chambers (AGC) to amend the Penal Code to better protect adolescent girls from statutory rape.

Minister in Prime Minister’s Department Datuk Seri Nazri Aziz had told Parliament that section 376 of the Penal Code, which covers the statutory rape of minors, will be changed to prohibit judicial discretion and extenuating circumstances in the sentencing for first-time offenders.

“The government has given the green light for the AGC to take immediate action for Penal Code section 376 to be amended to disallow the use of section 294 of the Criminal Procedure Code (CPC).

“This is because the number of cases involving this crime is too high and women under the age of 16 are exposed and open to rape with no protection under the law,” the de facto law minister had said, adding that there have been 5,976 cases of statutory rape recorded since 2007 until today.

The Padang Rengas MP added the amendment was necessary as there were already conflicting opinions on “extenuating circumstances” between the AGC and the judiciary.

“There is already differing interpretations of ‘extenuating circumstances’, as allowed under section 294 of the CPC, and we fear that the decision of two courts in this matter will set precedence for others,” Nazri said.

The minister was referring to the cases of former national bowler Noor Afizal Azizan and Chuah, who were respectively bound over for five years and three years on RM25,000 good behaviour bonds after being found guilty of statutory rape.

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