Judges asked to release judgment on rape acquittal

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Fatimah (seated second right) and members of MWKS speaking up in unison for the underage rape victim and the victim’s family at a press conference held at the Ministry of Welfare, Women and Family Development office yesterday.

KUCHING: The Ministry of Welfare, Women and Family Development is appealing to the Appellant Court’s panel of judges who acquitted the 60-year-old man suspected of raping a 14-year-old girl to release their judgment as soon as possible.

This is because for the case to be reviewed, the written judgment must first be available.

Apart from that, its minister Datuk Fatimah Abdullah and Sarawak Women and Family Council (MWKS) who are seeking justice for the underage rape victim want Sarawakian federal lawmakers to raise the case in the Parliament which is now in session so that the plight of the victim and her guardians could be made known.

The ministry will also write a support letter to the Attorney-General’s Chambers to consider the guardians’ request to review the case.

Bunya Jalong was acquitted on May 7 for raping the underage girl who was 14 years old in 2011 when the rape took place. The girl gave birth to a child in 2012 who had been proven medically to be Bunya’s son.

At the same time, the minister and the council would also seek help from de-facto Law Minister Nancy Shukri and Women, Family and Community Development Minister Datuk Seri Rohani Abdul Karim, especially for the amendment to the law on rape.

“We feel that there is a need to amend the Penal Code 375 for the Malaysian Courts to give a more liberal interpretation of the definition of rape especially when the victim is a child,” said Fatimah at a press conference after meeting up with the victim and her guardians yesterday at her office in Wisma Baitulmakmur.

Citing the laws of the UK, France and the Philippines, she said definition for ‘sexual intercourse’ should also be more liberal, not just confined to penile penetration but any parts of the body and even objects.

She said the re-definition was important because Bunya was released due to the narrow definition of ‘sexual intercourse’ which meant only penile penetration.

“Minors of all races and religions are entitled to equal protection of the law and especially in this case, where it has been medically proven that the child conceived by the minor complainant is the biological child of the appellant (Bunya),” said Fatimah.

In the meantime, she said the Welfare Department would give financial aid to the victim who is now 18 years old and her child who is now 3 years old.

Presently, the victim has completed SPM and is now jobless. Bunya, the biological father has not been giving any child support.

Fatimah said she would ask the Welfare Department to give the victim proper counselling.

“I have not had the chance to really talk to her. But I have this sense that she has erected an invisible wall around herself,” said Fatimah.

The victim’s guardians according to Fatimah were bewildered by the fact that the accused was acquitted and felt angry and dissatisfied as they could not understand why such a verdict was passed.

Meanwhile, Fatimah praised the school which had allowed the victim to continue her studies even after giving birth.

“That is what we want, that opportunity is still given to the children, even after they have given birth. We are grateful to the school.”

Fatimah explained that the Welfare Department did not know of the case as the department was not informed by the police or hospital or even the guardians. She said she only knew of the case when it was published in the newspaper.

Though late in knowing the case, Fatimah said she and MWKS would use every means to create awareness of the case so that all children and women can be better protected.

“I urge all NGOs to come up with statements so that we can all speak up in unison for the victim and also help push for the amendments of the law,” said Fatimah.