Boy who committed incest with sister to be given lawyer, says rep

PETALING JAYA: The teenager who pleaded guilty at the Kampar Court for Children to committing incest with his 16-year-old sister to the point that she became pregnant will be given a lawyer to mitigate his sentence, says Malim Nawar assemblyman Leong Cheok Keng.

“We will engage a lawyer on a pro bono basis to mitigate for a lower sentence before a sentence is passed,” he told FMT.

The 14-year-old boy, who was unrepresented, pleaded guilty to the crime before magistrate Nur Faizah Muhamad Saleh yesterday.

The boy, whose identity could not be disclosed under the Child Act, admitted to committing the offence between December 2017 and May last year at a house in the Kampar district.

The incestuous relationship resulted in the birth of a baby girl, who was reportedly delivered in the toilet of the siblings’ home on Dec 15.

The boy was charged under Section 376B (1) of the Penal Code which carries a jail term of up to 30 years and whipping for adult offenders.

Malim Nawar assemblyman Leong Cheok Keng says the siblings in the incestuous relationship were exposed to pornographic material online.

Leong said the court had fixed Feb 20 for sentencing, pending the probation report from the Welfare Services Department.

It is unclear if the boy is free, although Nur Faizah offered bail of RM3,000 with one surety.

Leong, who is also a lawyer, said he had met with the parents last month to get details of the incident and on the future of the baby.

“All I can say is, the incident happened because the siblings were exposed to pornographic material via mobile phones and social media,” he said, adding that the baby would be put up for adoption.

He urged parents to keep a close watch on their teenage children, saying adolescence is a “volatile” phase of life.

Criminal lawyer Salim Bashir said the sentencing provision of the Child Act would apply to the boy as he was below 18.

Under Section 91 of the Act, he said, a child who is found guilty can be punished with various sentences including a jail term, but only by a Sessions Court judge.

While Section 96 (2) of the Child Act allows for offenders over the age of 14 to be sent to jail, they must not be allowed to associate with adult prisoners, he added.

“The offender could also be sent to an approved school for rehabilitation,” he said. He or she can also be whipped up to 10 times with a light cane in the court premises, in the presence of a parent or guardian.

Child rights activist and lawyer Sharmila Sekaran called on the government to immediately introduce sex education at schools to prevent such incidents from occurring.

“This is about teaching them how to handle themselves, not teaching them to have sex,” she said - FMT