Custodial sentence for statutory rape in future

The New Straits Times 
by AUDREY DERMAWAN

MANDATORY: No more lighter sentence once Section 376 is amended, says Nazri

PADANG RENGAS: A MANDATORY custodial sentence awaits those convicted of statutory rape, Minister in the Prime Minister's Department Datuk Seri Mohamed Nazri Aziz said yesterday.

The de facto law minister said the Attorney-General's Chambers has advised that Section 376 of the Penal Code be amended so that judges can no longer exercise discretionary powers to reduce the sentence for statutory rape.

At present, the law allows judges to invoke Section 294 of the Criminal Procedure Code to impose a sentence based on their discretion.

Nazri said the mandatory jail sentence would apply to all statutory rapists once the amendment is tabled and passed at the next Parliament session.

"We hope that it will be followed (by the judges) because once we amend Section 376, there can never be a lighter sentence any more."

Section 376 of the Penal Code states that those convicted of rape, including having sex with those under the age of 16, must be jailed for not less than five years and not more than 20 years, and shall be liable to whipping as well.

Nazri also welcomed Penang High Court judge Datuk Seri Zakaria Sam's decision to sentence an electrician to 10 years and six months in jail on two counts of statutory rape against a minor.

"The judge's decision was clearly in line with the public's wish to see a more heavy sentence imposed in the interest of minors," he added.

Chuah Guan Jiu, 22, was convicted by the Penang Sessions Court of raping the girl, who was then 12 years and 10 months old, at his flat in Air Itam between 7am and 1pm on July 18 last year, and between 2.25pm and 2.45pm the next day.

He was spared a custodial sentence and the court instead ordered that he be bound over on a three-year RM25,000 good behaviour bond.

Chuah appealed against his conviction but Zakaria dismissed it and sentenced him to five years jail for the first offence and five years six months jail for the second offence.

Zakaria ordered for both sentences to run concurrently.

Earlier, Nazri, when presenting his keynote address at a gathering with the Perkumpulan Wanita here, said there were about 6,000 reported statutory rape cases between 2007 and 2012.

"This means that there are at least four such cases every day. Many of these cases involved the victims' family members, including their own fathers.

"This is a serious matter and the government needs to do something urgently to protect young girls."