Seeking clarity on why rape charges against her assailant were reclassified to a lesser offence without explanation, a Bandar Utama mother has taken her story public, with her pursuit of justice now tied to preventing “the next victim”.
In a series of Facebook posts, single mother Loh Wai Mun, 49, described the traumatic assault and the police’s subsequent investigation, alleging that there were serious lapses in how her case was handled.
The assault, which would cause her to lose her job after she developed post-traumatic stress disorder, occurred on June 9 when she accompanied a former neighbour to his office, where he allegedly restrained, drugged, and sexually assaulted her.
The former employee in the IT industry added that while the ordeal felt “never-ending,” she kept her mind occupied with thoughts of her son, noting that she had complied with the assailant’s demands as she feared for her life and her child’s safety.
“I have no regrets about not fighting back, particularly after learning from the police that the assailant had a history of domestic violence. Resisting could have put my life in even greater danger,” Loh said.
After being “held hostage” for around three hours, during which she said she was repeatedly assaulted, Loh immediately filed a police report at the Kota Damansara police station at approximately 3am on June 10.
She claimed that the officer stationed at the front desk, however, had expressed doubt over the legitimacy of her complaint and instructed her to return home and shower first before meeting an investigation officer later in the day.
Besides lamenting how her case had been transferred from a female to a male investigating officer without any prior notice, Loh asserted that she was treated harshly and insensitively during a visit to the crime scene.
Insisting that she remains in the dark over the forensic analysis of her clothes and a medical examination, she said she has also not been informed whether a DNA test was performed on the evidence provided.
Lesser charge, conviction
To add to her woes, Loh said that while the assailant was charged on June 26 in the Petaling Jaya Sessions Court under Section 376 of the Penal Code for rape, the charge against him was later downgraded to a lesser offence without her knowledge.
Loh said she was informed on Nov 14 by the Petaling Jaya district police headquarters that the case had been closed, with police noting that the accused pleaded guilty to a downgraded charge framed under Section 354 of the Penal Code for assault intending to outrage a person’s modesty.
The update came only after she had contacted the police on Nov 12 via a letter.
The court, however, had already convicted the assailant and imposed a RM10,000 fine on Oct 23, following amendments to the charge on Oct 6.
The accused paid the fine after the court determined the punishment.
Section 376 provides that whoever commits rape can be imprisoned for up to 20 years and caned. Those found guilty under Section 354, on the other hand, can be jailed for a maximum of 10 years, fined, or caned.
Loh told Malaysiakini that the delay in relaying crucial information on her case left her frustrated and distressed.
“The police said two witnesses are sufficient (for the case) and told me to ‘jangan bagi banyak kerja’ (don’t increase their workload).
“Previously, when the IO (investigating officer) said (the assailant) has already been charged, I was told that the pressing of charges meant that the police had enough evidence, (but) if that was the case, why was the charge reduced?” she questioned.
No updates on safety complaints
Loh’s disappointment over the lessened charge against the assailant also came on the heels of a lack of response from authorities over two separate police reports she had filed over concerns about her safety.
She had lodged the complaints on June 23 and Sept 17 after noticing the assailant riding his motorcycle around her neighbourhood.
Despite no information from police on the status of her reports, an officer had contacted Loh on Nov 19 to instruct her to remove a Facebook post, which named the assailant as part of her account of the initial attack against her.
“(The police officer) told me what I did (by uploading the Facebook post) is wrong, and that the assailant will pursue legal action if I don’t take down the post. I was also told to present myself at the station for my statement to be recorded.
“I asked him what wrong I had committed. He didn’t answer, and he never followed up with me on the matter,” she said.
Teresa raises case in Parliament
Loh’s attempts to secure clarification from authorities were previously aided by Seputeh MP Teresa Kok, who on Dec 4 sought the Home Ministry’s response to the tribulations the victim faced.
Speaking in the Dewan Rakyat’s Special Chamber, the DAP lawmaker questioned why the charge against the assailant had been reduced without informing the victim.
Besides details on the police’s standard operating procedure (SOP) for handling rape cases, particularly regarding the preservation of forensic evidence and protection of victims, Kok also asked what steps the police are taking to improve sensitivity, professionalism, and trauma-related training in cases of sexual violence.
While Kok did not name the victim in her questions to the government, the backbencher confirmed with Malaysiakini that she was referring to Loh’s case.
Ministry’s answer leaves victim ‘speechless’
Deputy Transport Minister Hasbi Habibollah had conveyed the Home Ministry’s response to Kok’s queries, with Hasbi explaining that the home minister was in Singapore while the deputy home minister was tabling a bill in Parliament.
Noting that the charge against Loh’s assailant was reduced after the victim filed a representation application to the Attorney-General’s Chambers, Hasbi said the Home Ministry takes seriously every allegation of negligence or non-compliance by any police personnel, especially in cases of sexual violence.
He also said the police conduct investigations in accordance with established SOPs while ensuring that investigating officers undergo relevant training and courses to improve the quality of investigations.
“Reduced or alternative charges are used in criminal cases, including rape cases, as a step to prevent offenders from escaping liability due to elements of the main charge not being fully proven.
“In certain situations, such as rape cases, elements of rape may be difficult to prove. However, there may still be strong evidence that a forced sexual act occurred,” Hasbi added.
As such, he said the prosecution will include an alternative charge, such as molestation or sexual assault, so that the court has an option to convict for an offence that aligns with the available evidence.
He emphasised that such actions are not intended to reduce the seriousness of the case, but to ensure charges brought can realistically be proven in the public interest.
Hasbi added that during police probes, the investigating officer will communicate updates or decisions on the case through four standard notification categories dubbed “PEM.”
PEM 1 refers to a notification that an investigation has begun, PEM 2 pertains to updates on the investigation process, PEM 3 requires police to inform a victim of any decisions concerning the probe, or instructions from the deputy public prosecutor, and PEM 4 relates to a notification of a case’s closure.
Loh said that while she appreciated Kok’s efforts, the Home Ministry’s response did not address pressing concerns in her case, especially since Hasbi was unable to address additional questions on the matter.
“I am speechless with the answer from the Home Ministry. The answers on paper differ from what is happening in reality, as none of the PEM stages were applied in my case,” she said.
Preventing ‘living hell’ for other women
Moving forward, Loh said she will not back down from speaking out about her ordeal, as she wants other women to learn from the tragedy she endured and from the struggles she continues to face in its aftermath.
“I want to let everyone know (that they should not be) so naive like me to think that law enforcement officers and the judiciary will do their jobs.
“It was a very shocking experience. I don’t leave the house anymore. I don’t want someone else’s daughter to end up like me - it’s like living in hell,” she said.
While she acknowledged that going public with her case comes with risks, Loh said remaining silent would mean accepting a system that, in her experience, left her uninformed and abandoned at every turn.
She insisted that survivors deserve more than procedural explanations after the fact, stressing that they are worthy of a process that treats their safety and dignity as non-negotiable.
Malaysiakini has contacted Bukit Aman's Sexual, Women and Child Investigation Division (D11), as well as Petaling Jaya district police chief Shamsudin Mamat for comments, but has yet to receive a response. - Mkini
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