KOTA KINABALU: A 63-year-old father of 10 was sentenced to 15 years’ imprisonment for raping his 15-year-old stepdaughter.
The accused, when produced before Sessions Court judge Ainul Shahrin Mohamad, pleaded guilty to the offence which he committed in a forest at a village in Ranau in early July at around 5pm.
The charge, framed under Section 376(3) of the Penal Code, is punishable with a maximum jail term of 30 years and not less than 10 strokes of the cane.
Based on the facts of the case, a police report was made by the victim on January 21, which led to the arrest of the accused in a house in Ranau.
The following day, the victim was referred to Likas Hospital where it was discovered that there were old tear wounds on her (the victim’s) hymen. She was under 16 years old during the time of the incident.
During mitigation, the accused, who was represented by a counsel, sobbed as he asked for leniency stating that he was old, before claiming that he was suffering from an affliction.
He added that he had 10 children to take care.
Meanwhile, deputy public prosecutor Dominic Chew Ban Huat asked that an appropriate sentence be imposed on the accused as he was the stepfather of the victim.
“The accused should have taught his stepdaughter and not took advantage by raping her,” Dominic said, adding that what the accused had done to her would leave the victim with a psychological mark.
Dominic further stated that the sentence imposed by the court should be an example to the accused, ensuring that such an offence would not be committed by others in the future.
“The court should also take into consideration public interest in passing sentence on the accused.”
In her judgement, Ainul stated that the accused should have protected his family and not take advantage of them.
Ainul also said that the future of his stepdaughter had been marred due to his actions. She said the court viewed such an offence serious as it was rampant.
The accused, however, was spared caning, as he is over the age of 50, and he was allowed to serve his prison sentence from his date of arrest.