KOTA KINABALU: A 28-year-old man was sentenced to 18 years jail plus two strokes of the cane for raping his friend’s underage girl who has moderate intellectual disability.
Judge Azreena Aziz meted out the sentence on Jackson Masih after he pleaded guilty to the charge in the midst of his trial on Tuesday.
The prosecution had called its sixth witness to testify, but Jackson changed his plea from not guilty to one of guilty.
He had raped the 15-year-old girl at a house in a village of Kuala Penyu at 7am on September 19, 2017.
The offence was framed under Section 376 (2)(d) of the Penal Code, which carries a jail term of up to 30 years, and also liable to whipping, upon conviction.
He was also ordered to pay a compensation of RM10,000, in default, six months jail to the victim and placed under police supervision for two years after serving his sentence.
The court also ordered for his jail sentence to take effect from the date of his remand on February 28.
In mitigation, the accused, who was not represented, prayed for leniency on the grounds that he has a small child and currently supporting his sick and old mother.
He added that he was a first-time offender and remorseful, and would not repeat the offence.
However, deputy public prosecutor Husna Abdul Halim urged the court to impose a heavy deterrent sentence against the accused which is more than half the maximum jail sentence provided in the provision and whipping of more than one stroke of the cane.
She highlighted that the accused had committed a very serious and heinous crime which involved an underage girl with a moderate intellectual disability.
The offence was committed with such force that the victim suffered fresh hymen tears and vaginal laceration which was still bleeding when she was examined by a doctor, she said.
Husna further submitted that the DNA of the accused was detected on the endocervical swab of the victim and according to the doctor, the penile penetration was done with force and reached deep into the cervix of the victim which showed that there was violence involved.
Moreover, she submitted that the accused did not show remorse as he chose to plead guilty when the trial had proceeded and thus, the plea of guilt should not be considered as a mitigating factor.
Even though a withdrawal report was made by the complainant of this case, Husna said as a guardian of public interest, the prosecution proceeded with the charge against the accused.
Rape is a rampant offence and public interest demanded for such offence to be punished severely, especially when it is committed towards vulnerable victims, she added.
Facts of the case stated that on September 19, 2017, at 5am, the complainant, who is the father of the victim, was asked by his friend to join him to Kuala Penyu town to buy cigarettes.
The complainant turned down the invitation but allowed his two daughters, aged 13 and 15, to tag along with his friend.
At 1pm, the girls were not home yet and the complainant started to get worried. He then decided to go to the police station to lodge a report.
On his way to the police station, he bumped into the girls at a bridge and his 13-year-old daughter told him that her sister was raped. He then immediately lodged a police report.
Investigation revealed that the girls were brought to a house in a village of Kuala Penyu by a silver Avanza car. Inside the car were several men, including the father’s friend.
Upon arrival at the said house, the victim was taken into a room and was raped by two men, one of them was the accused.
Meanwhile, the other sister, who was unharmed, was left outside the room and she heard her sister’s cries. Both of them were sent home after the incident.
On September 21, 2017, the victim was brought to a hospital here and examination showed that she had fresh hymen tears and vaginal laceration.
Blood samples and specimens of the victim and the accused, including endocervical swab, were sent to the Chemistry Department here and analysis result showed that there was a mix of DNA profile which belonged to the victim and the accused.
The accused was arrested on the same day (September 21, 2017) and the girls identified him during an identification parade on October 2, 2017.