Raping disabled teen: Man gets 20 years and caning
Published on: Wednesday, February 01, 2023
By: Cynthia D Baga
Richard was found guilty of raping the 17-year-old disabled girl at 1pm on Feb 25, 2018 at a house in Penampang.
Kota Kinabalu: A 60-year-old man was jailed 20 years and ordered to get 13 strokes of the cane for raping his girlfriend’s daughter who is a disabled.Sessions Court Judge Elsie Primus handed down the sentence to Richard @ Rich Jawi after ruling that the prosecution had proven its case beyond reasonable doubt against Richard on Tuesday.
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Richard was found guilty of raping the 17-year-old disabled girl at 1pm on Feb 25, 2018 at a house in Penampang.
He was convicted under Section 376(2)(k) of the Penal Code which carries a jail term of between 10 and 30 years, and whipping, on conviction.
The court ordered Richard to serve the jail sentence from the date of his conviction and after completing the jail sentence, he was ordered placed under police supervision for two years.
Richard’s application to stay the execution of the sentence pending appeal against the decision to the High Court was dismissed.
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During mitigation, counsel Petrene Susanna Peter, who defended Richard, asked for leniency saying that it was Richard’s first offence.
However, Deputy Public Prosecutor Mas Izzaty Lokman urged the court to impose a heavy sentence on the grounds that Richard took advantage of the disabled girl by raping her.
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She informed the court that the victim is a disabled cardholder and according to her mother and teacher, the victim is a slow learner.
Mas Izzaty submitted that the rape incident not only disturbed her study/education but destroyed the future of the victim for the rest of her life.
Seven prosecution and three defence witnesses testified in the hearing.
The court also ordered for the bail posted by Richard pending the disposal of his case to be refunded after the appeal period is lapsed.
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