Kota Kinabalu: A man who raped his stepdaughter and committed sexual physical harassment against the minor was sentenced to a total of 68 years plus 10 strokes of the cane.
Sessions Court Judge Amir Shah Amir Hassan handed down the sentences to the man after ruling that the prosecution had proven its case beyond reasonable doubt against the man on Wednesday.
The man was found guilty of three counts of raping the girl and another two counts of sexual abuse.
On the first count, the man was jailed another 12 years and ordered to get two strokes of the cane for touching the victim’s private part, fondling her breasts, hugging and kissing her at the bedroom of the same house in early January 2021.
On the second count, the man was sent to prison for another 12 years plus two strokes of the cane for committing sexual abuse by fondling the same victim’s breasts, hugging her and kissing her for the purpose of sexual early January 2021 inside a bathroom of a house in Tamparuli, Tuaran.
The offence under Section 14 (a) of the Sexual Offences Against Children Act (SOACA) 2017 provides for a jail term of up to 20 years and whipping, upon conviction.
The victim was 11-year-old at the time of incidents for the first and second counts.
On the third count, the man was jailed 12 years and ordered to be given two strokes of the cane for raping the girl who was 12 years and 11 months- old at that time, at 12.40pm on Apr 19, 2023 at a bedroom of a house in Tamparuli, Tuaran.
On the fourth count, he was sentenced to another 12 years’ jail plus two strokes of the cane to for raping the same victim at 6pm at the end of April 2023 at the same place.
On the fifth count, the man was jailed 20 years plus two strokes of the cane for raping the girl at 3pm early May 2023at the same place.
The offence under Section 376(2) of the Penal Code carries a jail term of between 10 and 30 years, and whipping, on conviction.
For the fourth and fifth count, the victim was 13-year-old at that time.
The court ordered the man to serve the jail sentences for the first to fourth count to be served concurrently from the date of his arrest but consecutively with the fifth count, which means he needed to serve 32 years in prison.
The court also ordered the man to undergo rehabilitative counselling while serving the sentences and to be placed under police supervision for three years after completing the jail terms.
During mitigation, the man who was not represented, asked for leniency and that the sentences to be run concurrently saying that he was remorseful.
However, Deputy Public Prosecutor Bryan Francis urged the court to impose a deterrent sentence and that the sentences to be served consecutively considering the damage and trauma suffered by the victim.
Bryan also submitted that a heavy sentence should be given to the man as to give a lesson not only to the man but public at large.
The prosecution had called six witnesses during the hearing while two witnesses had testified during the defence stage.
