A BURGLAR who broke into the home of a wealthy banker was eventually arrested and brought to trial. In his mitigation, he said he regretted his action and vowed not to repeat it.
Then, in a move which surprised everyone in court, the burglar made an astounding offer to his victim. He promised to pay back the banker double the amount of what he had stolen from him.
The burglar explained that he actually came from a wealthy family and that he burglarised the banker’s home just for kicks.
He is not a thief who steals for a living but a young man who got caught while having fun of the wrong kind.
The banker, taken in by the man’s attractive offer, decided to withdraw his case against the burglar.
He told the judge that he was prepared to forgive the perpetrator and that the young man should be given a second chance in life.
Assuming you are on the bench in this fictitious case, how would you handle it?
Let the thief go after ensuring that he honours his pledge to his victim or let the law run its course.
I believe we should know what to do. A crime is a crime. The guilty must face the long arm of the law. Let there be no two ways around that.
This is what should be carried out in the recent rape case in Sabah, which has caught people’s attention nationwide.
Initially, there were concerns that the rapist would get away with his heinous crime just because he had married his 13-year-old victim.
Riduan Masmud, a 40-year-old restaurant manager, was charged in the Kota Kinabalu Sessions Court on Feb 28 with statutory rape of the girl inside a parked car in Inanam, near Kota Kinabalu, at about 10am on Feb 18.
On May 7, the court postponed the case to May 20 after it was told Riduan was seeking the permission of the Syariah Court to marry the girl and the prosecution said it had no objection to the case being withdrawn.
Last Monday, his counsel Loretto J Padua told the court the couple had married and the syariah marriage certificate had been presented to the investigating officer.
This caused an uproar among religious and women’s groups who rightly stated that the perpetrator should not be allowed to get away with the crime just because he had made amends for it.
Later in the week, Attorney-General Tan Sri Abdul Gani Patail was compelled to give a public assurance that he would press on with statutory rape charges against Riduan Masmud.
In welcoming the AG’s statement, Sisters in Islam said it was a matter of public interest and it was incumbent on the civil and syariah legal systems to “ensure justice is served and seen to be served for all our children”.
“The decision to go ahead affirmed the position that statutory rape is a very serious matter that needs to be dealt with firmly by the law and that marriage is not exploited as a means to absolve sexual crimes committed against children,” said a SIS communications officer.
All Women’s Action Society (Awam) senior programme officer Lee Wei San said laws to protect children from statutory rape and underage marriage should be enforced.
“How can we allow our 13-year-old daughters to become brides? And for marriage to be used as a way to avoid criminal charges for statutory rape?
“This will have serious repercussions on all future rape cases,” she said, adding that young girls were individuals with dignity and rights, and not property to be sacrificed because of poverty, culture or religion.
We can only agree wholeheartedly with the concerns expressed by these well-meaning groups. They speak for all of us.
I think we can now heave a sigh of relief with the AG’s assurance because of the confusion of how the authorities deal with crime involving violence against children in this country.
It is statutory rape where an older man has sex with a minor who is below the age of 15. There are numerous cases to show this. There are young men languishing in prison being convicted for statutory rape, despite many appeals.
So why should Riduan be allowed to go scot-free?
Riduan’s case brought up another issue of great concern to all of us – child marriage.
You imagine a 13-year-old being married to a 40-year-old man. What is wrong with our society, people?
I thought that only happened with some nomadic tribes where parents pair their children for marriage as soon as they are born. Literally for these tribes, the only law that exists for them is the law of the jungle.
In their case, we can only watch from afar and reason that their customs and traditions must have served them well.
In the recent Sabah case, I don’t think we should only watch from afar. Besides the heinous crime of rape, the perpetrator has now embarked on another ‘path of darkness’ – taking a 13-year-old as a wife.
In his letter carried by a news portal, Suriana Welfare Society president James Nayagam asked all the correct but depressing questions on child marriage.
“Do we as Malaysians support child marriage? Look at the age gap. Is it fair to a child to marry someone who is old enough to be her father? Then again, what kind of message are we sending out to criminals, that they can rape and marry the girl. Where then is the meaning of crime does not pay?
“What about the rights of the child. According to the Convention of The Rights of The Child to which Malaysia is a signatory, it states that the child’s well-being is of utmost importance above all else. Is marriage of the best interest to her after her rights had been violated?
“She has lost her right to enjoy her future and choice in life. Society has failed to protect her rights and worse, has placed her captive in the hands of an alleged criminal, who may later abuse her as well. What kind of legal system are we practising in this country?
“Is the child ready for the life of a wife? What if she becomes a mother at this young age and not of her choice.
“We cannot be selective in responding to crime or have selective prosecution in matters involving children, where the law clearly states the procedure and punishment. If we do not speak up for the rights of children, what hope is there for children in the hands of abusers,” Nagayam wrote.
Well articulated indeed, James Nagayam.
To update Nagayam and all readers, the Sabah authorities are now taking steps to annul the 13-year-old rape victim’s marriage to her alleged rapist and to move her into the care of welfare officials.
That is the right thing to do. The law of the nation must ensure that nobody gets away with rape and other heinous crimes against young girls and children.
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