A sexual assault survivor has sought the Attorney-General’s Chambers’ clarification on why the rape charge against her attacker was reduced to a lesser offence without her knowledge.
In a letter dated Jan 9, addressed to Attorney-General Dusuki Mokhtar, single mother Loh Wai Mun argued that the reduced charge against her assailant did not reflect the true facts of the case, or the level of harm, suffering, and traumatic impact she had suffered.
“I am not a lawyer; I am merely a victim who has gone through a deeply traumatic incident and placed full trust in our legal system in the pursuit of justice. I have followed every step that was asked of me.
“However, the handling of this case has caused me to feel unprotected, unsafe, unheard, and sidelined,” Loh said in the letter.
Malaysiakini previously reported on the alleged serious lapses in how authorities handled Loh’s case after she lodged a report on a traumatic attack she suffered at the hands of a former neighbour.
Her attacker, who initially claimed trial in the Petaling Jaya Sessions Court under Section 376 of the Penal Code for rape, later pleaded guilty to a reduced charge framed under Section 354 for assault intending to outrage a person’s modesty.
The reduced charge came after AGC accepted a letter of representation submitted by the accused, who subsequently paid the RM10,000 fine imposed by judge Syahliza Warnoh.
Sending wrong signal
Loh, however, contended in her letter that the fine was “extremely light” and does not provide a deterrent effect to the accused, asserting the decision sends a wrong signal to the public that sexual crimes can be “settled” with a fine.
Cautioning that such perceptions could erode the confidence of women and victims of sexual crimes in the criminal justice system, Loh said the reduction to Section 354 “appears to deny the physical and mental suffering” she had endured.
The Bandar Utama resident highlighted that she faced great difficulty in obtaining updated information regarding her case, with authorities repeatedly failing to provide feedback despite repeated enquiries.
“As a victim struggling with the effects of trauma, this process was extremely painful and had an adverse impact on me…I only became aware of the sentence imposed on the accused one month after it was handed down.
“I believe that as a victim of a sexual crime, I have the right to be informed of the progress of the investigation and prosecution against the accused, as Section 107A of the Criminal Procedure Code (CPC) provides for the complainant to obtain information on the progress of the investigations,” Loh stated.
Loh also emphasised that since she was not given an opportunity to submit a victim impact statement during the sentencing process, as provided for under Section 183A of the CPC, she believes that her trauma and suffering were not fairly considered by the court.
“The failure to obtain a victim impact statement also resulted in the failure to consider a compensation order under Section 426 of the CPC, which empowers the court to order an offender to pay monetary compensation to the victim for loss or injury caused by the offence,” she added.
Review the case
As such, Loh sought the AGC’s explanation on the basis and considerations taken into account in deciding to amend the charge against her attacker.
She also requested that her case be reviewed while assuring that she is prepared to cooperate with any potential reinvestigations.
“I submit this request because I still believe that justice matters, and I still have confidence that the legal system is capable of rectifying this situation.
“In short, as a citizen who deeply loves this country, I merely ask that my case be taken seriously and investigated thoroughly,” Loh affirmed.
Loh’s tribulations had earlier bolstered calls for the proposed Independent Police Complaints and Misconduct Commission (IPCMC), which has often been upheld as a better alternative to the existing Independent Police Conduct Commission (IPCC).
Various quarters contacted by Malaysiakini highlighted that either commission should be empowered to probe allegations of the police mismanaging incidents of sexual violence. - Mkini
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