Bill to remove judges' discretionary power NOT KNEE-JERK REACTION: Government concerned about protecting underage girls, says minister

The New Straits Times (Used by permission)

A BILL seeking to remove the discretionary powers of judges in sentencing statutory rape offenders will be tabled in the next parliamentary session, a move described by the government as necessary to protect underage girls from falling victims to rape.

Minister in the Prime Minister's Department Datuk Seri Nazri Aziz said the seriousness off the offence had to be reflected continuously by ensuring that lighter sentences were not meted out for those found guilty.

"In the last five years, there have been nearly 6,000 reported cases of statutory rape. That is an average of four cases every day. This is serious enough to command heavy sentencing," he said told reporters in Parliament House yesterday.

"My argument is that if judges are allowed to continue using Section 294 (to bind over first-time offenders for good behaviour) under the Criminal Procedure Code, then the sentencing will be seen not in accordance with the seriousness of the offence."

The bill will see an amendment to Section 376 of the Penal Code, which does not include a mandatory minimum sentence for rape.

Earlier, Nazri met representatives of two non-governmental organisations -- one supporting and the other opposing the bill.

He said the government's decision was not a knee-jerk reaction, as claimed by certain quarters, because it had the responsibility to protect the people.

"To find a genuinely acceptable solution for all sides will take one or two years. Therefore, for now, the buck stops with me, and parents can say that as the de facto law minister, I have the responsibility to protect their young girls."

Nazri said the move was not a ploy to take away the powers of the judiciary.

"It's not about taking away the powers of the judiciary because all the powers come in the form of laws, and we are the lawmakers."

He said Section 376 did not take into consideration the circumstances of the offender, as it was intended solely to protect women.

"If some groups think we should also protect the offender, then perhaps they should move towards a legislation allowing teenage sexual relations.

"If they can get the public to support teenage sex, then that's fine. But for now, Section 376 doesn't say that we should also protect the offender, who may also be a young person."

Nazri said the government had agreed in principle to form a sentencing committee comprising judges, representatives from the A-G's chambers, Bar Council, NGOs, and academicians. The committee would look at the sentences for all crimes and not just offences under Section 376, he added.