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Jailed 14 years for raping Down's Syndrome girl
Published on: Saturday, September 15, 2012

Kota Kinabalu: An Indonesian who raped an underage Down's Syndrome girl, was sent to prison for 14 years and given three strokes of the cane by the Sessions Court here Friday.

Sius Toka, 47, pleaded guilty before High Court Deputy Registrar Zulkifli Ablah, who sat as a judge, to raping the 15-year-old girl at 4pm on Sept 2 in a house in Kota Belud.

He committed the offence under Section 376 of the Penal Code, which carries a jail term of between five years and 30 years and whipping on conviction.

Zulkifli also ordered Sius to be referred to the Immigration Department after completing his jail sentence.

In his mitigation, Sius asked for a light sentence saying he has children to look after.


However, Deputy Public Prosecutor Monica Linsua urged the court to impose a heavy sentence, submitting the seriousness of the crime where Sius had taken advantage of a minor with Down's syndrome.

"The trauma and effect caused by Sius' act should be considered in passing sentence," she said.

The facts of the case tendered by Linsua revealed that Sius had raped the girl while her parents were at their farm.

She said the incident came to light when the victim told her neighbour who then revealed the matter to the victim's father.


Sius was arrested thereafter and Sius confessed that he had raped the girl several times since June this year.

Meanwhile, outside the judge's chambers the victim's brother told reporters that the family could not believe that Sius did the crime against his sister as Sius was nice to all villagers there.

"After this incident, then only I knew he (Sius) only pretended being nice to us," he said.

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