Longer jail term for dad who sexually assaulted underage girls

 

The Court of Appeal says the sessions and High Court should have meted out a longer jail sentence. (Reuters pic)

PUTRAJAYA: A former building contractor had his jail term enhanced to 12 years by the Court of Appeal for sexually assaulting his two underage daughters at their home on the same night.

Judge Vazeer Alam Mydin Meera said the sessions and High Court committed an error for their failure to raise the sentence from the initial 10 years because the assailant was in the position of trust.

This is provided for under Section 16 (1) of the Sexual Offences Against Children Act 2017, where such an offender could be additionally punished with imprisonment of up to five years and whipped a minimum of two strokes on each charge.

“This is a misdirection that must be corrected,” said Vazeer, in allowing the prosecution’s appeal against the inadequacy of the jail term.

The bench, which also consisted of Has Zanah Mehat and Ahmad Zaidi Ibrahim, raised the 53-year-old man’s imprisonment term to another two years but maintained the number of strokes.

This means the accused – who cannot be named to protect the identity of the girls – will now serve 12 years and be whipped six times.

The accused committed the offences against his daughters, then aged 15 and 14, at their home in Shah Alam at about 11.30pm on March 30, 2019.

According to the facts of the case, the older girl narrated the incident after a teacher noticed a change in her behaviour.

The girls’ mother later lodged a police report that led to the arrest of the accused.

The man was charged with two counts of sexual assault under Section 14 of the Act, which carries a jail term of up to 20 years and whipping of up to 24 strokes of the rotan.

The sessions court sentenced him to 10 year’s jail and three strokes of the rotan on each count, to run concurrently.

The High Court also dismissed the prosecution’s appeal and maintained the sentence.

Deputy public prosecutor Mohd Zin Ibrahim submitted that the special law was passed by Parliament to severely punish those in position of trust who sexually violate the underage.

“The trial court and the High Court had overlooked Section 16 to increase the punishment,” he said.

Zin suggested a total of 26 years’ jail for both offences, or 20 years on each count to run consecutively.

Lawyer V Yoges submitted that the jail term should be maintained as the offences were committed at the same place and time.

She said deterrence would not work by merely sending the accused to serve a longer jail term.

“It is best that the jail term be maintained and the accused be placed under police supervision,” she said. - FMT