Underage rape cases drop to 1,424 in 2013

The New Straits Times

KUALA LUMPUR: The number of statutory rape cases has declined from 1,550 cases in 2012 to 1,424 cases last year Deputy Home Minister Datuk Dr Wan Junaidi Tuanku Jaafar said at Dewan Rakyat yesterday.

He said although the number of cases had declined, the trend was still worrying. Wan Junaidi was responding to a question by Che Mohamad Zulkifly Jusoh (BN-Setiu), who had asked the ministry to state the number of underage rape cases nationwide and the government's measures to stop them.

He said the government had added a special division in the Criminal Investigation Department to research combating crimes related to sexual and child abuse.

"One-stop crisis centres have been established in hospitals to help victims and handle them in a more professional manner.

"Counselling services are given in police stations to help victims who are traumatised. Reports are also taken in a special room so that victims do not have to testify in public."

He said children under the age of 16 could now testify on video at the Child Interview Centre.

"This is to protect the children from being threatened by suspects."

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.

'No leniency' Bill planned to disallow light sentences for statutory rape

The Star
by EDMUND NGO

PADANG RENGGAS: A Bill is to be tabled to disallow judges from handing down lenient sentences to statutory rapists even if they are first offenders.

The Bill adds a provision to Section 376 of the Penal Code, which carries a jail sentence of up to 20 years and whipping for statutory rape.

Minister in the Prime Minister's Department Datuk Seri Nazri Aziz said the provision would state that Section 294(1) of the Criminal Procedure Code which gives judges discretionary powers to give a lighter sentence to first-time offenders would not apply to statutory rape cases.

“I have spoken to the Attorney-General on the provision and he has agreed, therefore, it will be tabled in the next session of Parliament,” he said here yesterday.

He had also listened to the views of women's groups and other non-governmental organisations which were upset by what they regarded as very lenient sentences passed on former national youth squad bowler Noor Afizal Azizan and electrician Chuah Guan Jiu for statutory rape.

The two were bound over for RM25,000 for good behaviour for five years and three years respectively after being found guilty of statutory rape in August this year.

They were 19 and 21 respectively when they committed the offences while their victims were 13 and 12.

Nazri said the additional provision was important to protect minors, who could be easily influenced.

Women, Family and Community Development Deputy Minister Datuk Heng Seai Kie, who was present, had also given her input to the memorandum that the NGOs presented to Nazri.

Heng said the move showed that the Government heeded feedback from the rakyat.

Attorney-General Tan Sri Abdul Gani Patail, in a statement on Sept 5, noted that Section 294 of the CPC allowed courts the discretion to bind the offender on a good behaviour bond if he was a first-time offender and had committed the offence under extenuating circumstances.

He said offences involving child victims could not be regarded as having been committed under extenuating circumstances.

Gani added that his chambers had on Aug 29 filed an appeal against the decision made by the Penang Sessions Court in Chuah's case.

As for the Appeal Court's decision on Noor Afizal, he said he might propose the use of the court's inherent power to review its decision.

As of July this year, 859 cases of statutory rape have been reported, 109 of them involving children under 12, and 750 victims aged between 13 and 15.

Attorney-General Gives Green Light To Amend Section 376 Of Penal Code - Nazri

KUALA LUMPUR, Oct 15 (Bernama) -- The government has given the green light to the Attorney General's Chambers to amend Section 376 of the Penal Code to ensure that those convicted of raping underage girls receive the mandatory jail term without liberty to resort to other legal provisions to mitigate the sentence.

Minister in the Prime Minister's Department Datuk Seri Mohamed Nazri Abdul Aziz said today the amendment was proposed to maintain the mandatory imprisonment under Section 376 and judges could not invoke Section 294 of the Criminal Procedure Code (Act 593) to impose a sentence based on their discretion.

"This includes meting out a good behaviour bond order if the accused is a first offender or if there are extenuating circumstances to show that the law has not been adhered too," he said when winding up debate on the Supply Bill 2013 for his ministry in the Dewan Rakyat.

Mohamed Nazri said the decision was made to address the high incidence of rape involving underage girls and to protect them against such vulnerability.

"From 2007 to August 2012, a total of 5,976 rape cases were recorded involving girls aged below 16. In the same period, 5,119 people were charged for the offence," he said.

Don’t rush new statutory rape bill, Nazri told

DAP’s Teresa Kok urges the AG Chambers to consult relevant groups before tabling a bill in parliament to restrict judges' power on statutory rape sentences.

KUALA LUMPUR: De facto law minister Nazri Aziz was today urged to conduct thorough consultation with relevant groups before a bill is tabled in parliament to amend laws pertaining to statutory rape.

DAP parliamentarian for Seputeh Teresa Kok said Nazri must first setup a committee that included Attorney-General’s Chambers (AG) and Women, Family and Community Development Ministry so that a refined law could be drafted to best resolve the matter.

“The committee should consult women’s groups, deputy public prosecutors, social workers, shelter homes and so on to get their opinion,” she said at a press conference at the Federal Territories DAP annual convention 2012 today.

Kok was commenting on Nazri’s statement yesterday that an amendment would be tabled in parliament soon to disallow judges from exercising their discretionary power, under the Criminal Procedure Code 294 (1), to reduce the sentence given to statutory rapists.

Nazri had reportedly said that the provision would be added to Section 376 of Penal Code, which prescribes mandatory jail sentences for those convicted of statutory rape.

In recent months, the public had raised concerns on judges’ discretionary power after a national bowler and an electrician were allowed to go scot free despite having committed statutory rape against their underaged girlfriends respectively.

Koh said she was against the mandatory five year jail term used to be meted out to the statutory rapist before 2006, but added she was also against no punishment.

“Nowadays many teenagers have consensual sex, and the trend is increasing. If a 18-year-old guy was brought to jail for five years for having sex with his girl friend, his future will be gone,” she said.

“In the United States or United Kingdom, the laws are very detailed in those offences. So I think we should make laws to be more refined as well,” she said.

Meanwhile, the convention attended by 82 participants and 12 observers had passed resolutions to urge the federal government to take stringent measures on the annual budget to prevent leakages; to elevate the status of Malaysia Anti-Corruption Commission (MACC) to be answerable to parliament; and to review the Automated Enforcement System, among others.