Kota Kinabalu: A 64-year-old who repeatedly raped his daughter since she was eight and she gave birth to a child as a result, was jailed 16 years and ordered to be given 10 strokes of the cane.
The rapes continued until she was 16 and resulted in the birth of the child who is now 10 years old.
Sessions Court Judge Amir Shah Amir Hassan handed the sentence to the man who pleaded guilty to committing incest against the victim, now 26, at a house in Tuaran.
The offence under Section 376(3) of the Penal Code carries a jail term of between eight and 30 years, and whipping at least 10 strokes, on conviction.
In meting out the sentence, the court said although the man had no previous convictions, but he could not take the case lightly.
He added that the case had a profound impact not only on the victim but also on her child’s future.
During mitigation, the man who was not represented, only asked for a light sentence.
However, Deputy Public Prosecutor Bryan Francis urged for a deterrent sentence, citing the seriousness of the offence and a rise in similar cases in Sabah.
“As her biological father, the man was bound to ensure her well‑being, not to destroy her entire life.
“In this case, the man has raped the victim multiple times since she was eight years old to the extent until she gave birth to a child who is currently 10 years old.
“We also wish to inform that according to the victim, the accused is still harassing her by sending pornography contents and sending death threats to her and her mom.
“Therefore, we pray for heavier sentence to be imposed against the man as deterrence not only to him but to the would-be offender in our society,” he said, adding that incident will inflict profound trauma on the victim.
According to the case facts, the victim lodged a police report on Feb 4, this year which led to the arrest of the man on the same day.
The deoxyribonucleic acid (DNA) test results later confirmed that the man is the biological father of the victim’s child.
Earlier in his decision, the judge said that although the man had no previous convictions, the court could not take the case lightly.
The case, he added, has had a profound impact not only on the victim but also on her child’s future.
The court ordered the man to be placed under police supervision for three years after completing his jail sentence.
