Legal practitioners and women groups have raised concerns over the one-year jail sentence meted against a repeat offender who molested a teenager in Kelantan.
They contended that the recent Kota Bharu Magistrate’s Court sentence of one year jail against the male labourer, who has four past molest convictions, was insufficient to send a deterrent message to other potential offenders.
Among them was senior human rights lawyer Honey Tan (above) who described the sentence as “wholly inadequate”.
She said the court should have asked the survivor to make a victim impact statement after the labourer’s conviction per Section 183A of the Criminal Procedure Code.
She contended that if this is not done, then the court would only hear mitigating circumstances for the accused.
“How about the trauma experienced by the survivor? The trauma will usually continue for many years after the criminal is convicted.
“Clearly the convict is not remorseful,” she told Malaysiakini.
A similar sentiment was shared by former deputy public prosecutor (DPP) and now practicing lawyer Chong Yin Xin, who said the court’s punishment must reflect the severity of the offence.
Speaking to Malaysiakini, she questioned why the one-year jail sentence was imposed on the accused despite him having four previous convictions for molestation.
Chong pointed out that a sufficiently deterrent sentence is necessary because sexual assault and harassment are too rampant in society today.
“Most sexual offenders did it (committed the crimes) because they think they can get away with it.
“The court must send a clear message to society that sexual assault is totally unacceptable behaviour,” she said.
Chong added that despite the accused pleading guilty, this should not be given too much weight by the court as this was not his first offence of this type.
She said hard evidence showed he committed the crime and a video recording of the offence went viral prior to the case being brought to court.
“I believe the DPP should appeal (against the sentence) and let the High Court review the (case) file,” she said.
Chong added that the way forward is for Malaysia to establish a council to promote greater consistency in sentencing while maintaining the independence of the judiciary.
She said the country could study the way this is handled in the United Kingdom, where the Sentencing Council for England and Wales produces guidelines on sentencing for the judiciary and criminal justice professionals.
The council there also aims to increase the public’s understanding of sentencing, Chong added.
Insufficient deterrent
Jernell Tan Chia Ee, from the All Women’s Action Society (Awam), lamented that the one-year jail sentence does not take into account the severity of the offence.
“This one-year sentence is also hardly a deterrent for the perpetrator to stop committing his offences of sexual harassment, especially for someone who had been convicted before for the same (type of) offence," she said.
Speaking to Malaysiakini, Tan pointed out that even if the accused sought a lenient sentence, it is still not acceptable as it does not do justice to the survivor and devastation experienced psychologically and emotionally.
She added that it also further limits the law from effectively deterring perpetrators, both new or repeat offenders, from sexually harassing others, as the accused would know that they can be let off lightly.
Meanwhile, Women’s Aid Organisation (WAO) capacity building director Melissa Akhir reminded that prison is just one part of the punishment and that there is a need to look into other measures to deter such future sexual offences.
“If we want to change behaviour, we need to be looking into measures like rehabilitative therapy.
“The CPC (Criminal Procedure Code) stipulates that rehabilitative (measures) can be provided to persons while imprisoned.
“We would also like to see rehabilitative therapy being offered to persons convicted who are not imprisoned, for example, who are fined or have completed their prison sentence,” she told Malaysiakini.
On March 31, the Kota Bharu Magistrate's Court sentenced labourer Amran Abdullah, 52, to one year in prison for molesting a teenager.
A CCTV recording of the incident last week went viral on social media.
Amran pleaded guilty when the charge was read out to him.
The prosecution raised his previous criminal records before the lower court so that a deterrent sentence can be meted out. Malaysiakini later established that he had four convictions for molesting.
According to the charge sheet for the current conviction, Amran committed his most recent offence at Jalan Hamzah, Lorong Limau Manis, Kota Bharu on March 25 at about 9.40am.
Riding a motorcycle, he pulled up along his 19-year-old victim who was on foot. He then asked the victim if she would be interested in marrying him.
Amran then rode off when a car approached but returned later and touched the victim's buttocks.
He was charged under Section 354 of the Penal Code which carries a maximum prison sentence of 10 years or a fine or whipping upon conviction. - Mkini
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