The authorities’ apparent lack of transparency in the downgrading of a rape charge against a single mother’s attacker has incited the ire of a DAP lawmaker, who warned that such a “systemic breakdown” could impact public confidence.
Lim Lip Eng sought the Home Ministry’s clarification on whether a reinvestigation would be conducted in the case involving Loh Wai Mun, with the Kepong MP highlighting that the victim was not consulted before the prosecution decided to reduce the charge against her assailant.
The parliamentarian also requested the number of rape convictions since 2015 in each state.
In a parliamentary written reply yesterday, the ministry did not address concerns about how Loh was uninformed of the changes in her case.
Instead, the ministry reiterated that the amended charge - from Section 376 of the Penal Code for rape to Section 354 for assault intending to outrage a person’s modesty - was at the discretion of the attorney-general as the public prosecutor.
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.
The ministry added that such amendments are typically made based on an assessment of evidence to ensure a higher chance of conviction.
Responding to the ministry’s reply, Lim slammed the supposed failure in answering a “basic question”: why was Low kept in the dark when the charge against her alleged rapist was reduced?
“She was neither informed nor given any explanation. That is indefensible. Victims deserve transparency and respect, not secrecy,” Lim told Malaysiakini today.
Alleged missteps by police, AGC
On June 9 last year, Loh, a former employee in the IT industry, was allegedly restrained, drugged, and sexually assaulted by a former neighbour in his office, with the perpetrator charged on June 26 in the Petaling Jaya Sessions Court for rape.
However, Loh claimed she was not aware that the rape charge against her attacker had been reduced after his lawyers filed a letter of representation to the Attorney-General’s Chambers (AGC).
The Bandar Utama resident also alleged there were serious lapses in how her case was handled by the police, including how an officer at the Kota Damansara police station instructed her to return home and shower first before meeting an investigation officer.
Loh further asserted that the police had assured her of sufficient evidence in the case while telling her to “jangan bagi banyak kerja” (don’t increase the police’s workload).
Last month, Attorney-General Dusuki Mokhtar told Malaysiakini that the rape charge was downgraded due to issues with the available evidence, including “material inconsistencies in the victim’s testimony”.
While the AGC conveyed a similar explanation to Loh in response to her appeal for an explanation, it did not address the alleged violation of Loh’s rights under Section 107A of the Criminal Procedure Code (CPC), which allows complainants to obtain information on the progress of investigations.
The AGC also did not clear the air over why Loh was not given an opportunity to submit a victim impact statement during the sentencing process, as provided for under Section 183A of the CPC.
Legal experts have since opined that the AGC’s attempt at providing clarification was “fundamentally incomplete” as it addresses prosecutorial discretion in isolation, while ignoring how the police’s alleged failures at the investigative stage potentially degraded crucial evidence.
Rape cases mostly uncharged
In replying to Lim’s parliamentary question, the Home Ministry also provided statistics on rape cases investigated by the police, which resulted in court charges against assailants. It is unclear how many of the court cases cited by the ministry led to guilty verdicts.
According to the Home Ministry’s response, a total of 17,609 rape cases were recorded between 2015 and 2025. Of the figure, less than half (7,090) saw charges being pressed against those implicated.
Within the period, Selangor recorded the highest number of rape cases at 3,392 cases with 1,575 charges, followed by Johor (2,006 cases and 806 charges), Sabah (1,817 cases and 505 charges), and Kedah (1,465 cases and 465 charges).
Perlis recorded the lowest number of rape cases at 275 cases with 116 charges.
Referencing the “damning” statistics cited by the Home Ministry, Lim pointed out that the numbers demonstrate that for the past decade, an average of five rape cases have been reported every day in Malaysia.
“This does not include the many victims who never come forward because they fear stigma or have lost faith in the system. Even more troubling, only 40 percent of reported cases resulted in charges (with) the majority not even reaching the courtroom.
“This is not a minor gap - it is a systemic breakdown. When victims are kept in the dark, when most cases fail before charges are filed, and when critical data is withheld, public confidence collapses,” he lamented.
He also called for an urgent overhaul of the framework on investigating and prosecuting rape cases, stressing that there should be “no more procedural excuses” and “bureaucratic silence”.
“Justice must be transparent, accountable, and uncompromising in defending victims,” he added. - Mkini
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