Not enough criminal element to charge teacher over alleged rape joke - source

 

There was not enough criminal element to press charges against a school teacher, who allegedly made a rape joke in class earlier this year.

This, according to a source privy to the case, was among the reasons cited by the deputy public prosecutor in deciding that there will be no further action (NFA) against the teacher.

"Although what the teacher said in class was insensitive towards the feeling of school girls who were there, what he did was not enough to satisfy the elements of crime to charge him in court.

"Investigators have probed the case under various laws, including Sections 11, 12, and 15 of the Sexual Offences Against Children Act 2017 (SOACA), and also under Sections 509 and 294 of the Penal Code," said the source, who is a high-ranking official.

The source spoke to Malaysiakini on condition of anonymity as he was not given clearance to speak to the media about the case.

Section 11 of the SOACA stipulates offences of sexually communicating with a child, Section 12 (child grooming), Section 15 (non-physical sexual assault on a child), while under the Penal Code, Section 509 stipulates offences of insulting the modesty of a woman either by word, or gesture, among others, and Section 294 (obscene songs).

The case came to light after 17-year-old Ain Husniza Saiful Nizam made allegations against the teacher on social media in April. Among others, the teacher allegedly told the boys in class that if they commit rape, they should target those above 18.

Differing version

On the alleged rape joke, the source said 17 other witnesses had given a slightly different version of the incident when police recorded their statements.

"During the police interview, other students said that there was more to the teacher's remarks.

"According to the witnesses, while the teacher did talk about raping of people above 18, he also warned them that rape would land them in jail and they will also be subjected to whipping. But this was not mentioned in the social media post.

"Besides the girl (Ain), three of four other students agreed with her - that they felt that it was sexual harassment. But there were 17 other students who said they saw the teacher did nothing wrong," he said.

According to the source, authorities took into account that the Physical Education teacher uttered the remarks during a class session where he was teaching syllabus on sexual harassment.

Authorities had also referred to a copy of the subject syllabus for their reference in investigating the case.

The official, however, agreed that the teacher was not in the right, and should have been more sensitive in teaching his students.

"The teacher, especially someone having 21 years of experience in the profession, should have known how to put it better (when teaching sensitive topics)." - Mkini