KOTA KINABALU (Jan 17): A shrimps breeder will spend a total of 41 years behind bars and ordered to be whipped a total of 24 times by the Sessions Court here on Tuesday for two counts of raping his teenage daughter last year.
Judge Elsie Primus imposed the sentences on the 46-year-old father of seven kids after he pleaded guilty to both his charges under Section 376 (3) of the Penal Code.
The indictment provides for a jail term of up to 30 years and whipping, upon conviction.
The court also ordered the accused to be placed under police supervision for three years.
On the first count, the accused was jailed for 20 years from the date of his arrest plus 11 whippings for raping the 13-year-old victim at an unnumbered house in Kudat on May 7, 2022.
On the second count, he received another 21 years’ imprisonment and ordered to be given 13 strokes of the cane for raping the same victim at the same place on June 9, 2022.
The court ordered both the jail sentences to run consecutively which means the accused has to serve all the total jail terms meted out on him.
The fact of the case stated that the victim had lodged a police report for the purpose of getting counseling as she did not want the same incident to happen again in future.
Following that report, the accused was arrested at his workplace on June 21, 2022.
The victim stated that she had been raped by the accused since she was five and the last time she was raped was on June 9, 2022.
Investigation revealed that the accused’s wife is a security guard at a school and when his wife went to work, the accused would take the opportunity to rape the victim.
The victim did not tell anyone when she was first raped as at the age of five she did not know that the act of her father towards her was wrong.
After years of being raped, the victim did try to fight but the accused told her not to tell anyone about his act.
The last time when she was raped she did not reject because she was already used to it. When the accused took off her pants, it meant that he wanted to rape her.
The victim is also suffering from trauma due to the incidents and lost her focus during learning sessions.