S'wak legal body to help refine meaning of rape
Published on: Thursday, May 28, 2015
Kuching: Advocates Association of Sarawak (AAS) offered Wednesday to engage with de facto law minister Nancy Shukri in the bid to refine the meaning of "rape" in existing laws, specifically when it involves minors.AAS President Leonard David Shim said there are flaws in current laws in matters involving rape of minors, adding that these must be addressed to protect the rights of children."We always stand ready to offer our constructive views and feedback on all legal matters of public interest, to the minister," he said.
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On May 7, the Court of Appeal judges consisting of Datuk Abdul Wahab Patail, Datuk Linton Albert and Datuk Seri Zakaria Sam, in a unanimous decision, acquitted and discharged retired government driver Bunya Jalong of raping a 15-year-old girl at a Sibu hotel sometime in May, June, July and August 2011.The appellate court said it was unsafe to convict the accused due to lack of evidence.During the trial, Bunya denied raping the girl, but admitted inserting in his semen-tainted finger into the girl's vagina, which under the Malaysian law does not constitute "rape".The girl, who is now 18 years old, gave birth to a boy on February 5, 2012.
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At the conclusion of the trial at the Sessions Court, Bunya was found guilty and sentenced to 15 years' imprisonment and ordered to be whipped five times for the first charge and nine years' imprisonment and two whippings for each of the other three charges.But the High Court reduced the jail term to eight years on the first charge, three years for the second charge and two years for the third and fourth charges.
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The number of whipping, however, remained the same.Civil societies, lawyers and concerned citizens subsequently expressed outrage at the acquittal and called on the Attorney-General's Chambers to amend the definition of the "rape".Shim said today that Bunya's acquittal stems from loopholes in the existing laws in relation to the definition of rape and what appears to be inappropriate charges being preferred against the accused."If anything, the widespread public outrage at the acquittal shows that it is time for legislative reform of rape laws," he said.Stay up-to-date by following Daily Express’s Telegram channel.
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