September 8, 2012
Statutory Rape a Non-Issue?: Think Again
by Jeswan Kaur(09-07-12) @www.freemalaysiatoday.com
It's reliable which a dual legal experts who found orthodox rape of dual minors a non-issue need help in understanding what rape is or else they will go upon delivering reproachful judgments in favour of rapists.
On Aug 28, Sessions Court decider Nisa Abdul Aziz expelled a 22-year-old electrician Chuah Guan Jiu (left) upon "good behaviour" after he was convicted of raping his afterwards 12-year-old partner twice last year.
Chuah was instead firm over for three years upon a RM25,000 great poise bond. He had committed a crime during his prosaic in Jalan Ru 1, Air Itam upon July eighteen as well as 19.
The corruption under Section 376(1) of a Penal Code carries a prison sentence of up to 20 years' prison as well as whipping.But Nisa motionless which given a passionate action was consensual in between Chuah as well as a plant as well as which he had not duped her in to a act, no "rape" had taken place.
Nisa finished a perpetrator's future her priority, not a actuality which he had duped his teenager partner in to having sex with him; a contribution of a box stated which Chuah had swayed a plant to jump over propagandize as well as follow him to his home, which afterwards led to a corruption being committed.
So a decider suspicion best which Chuah be firm over for three years upon a RM25,000 great poise bond.
A contrition which a decider failed to assimilate a psyche of a assailant who not once though twice raped his schoolgoing girlfriend. Worse still, Nisa finished a trial inform her "bible" in observant w! hich Chu ah did not have a prior criminal record as well as was a Form Two propagandize drop-out.
What is even some-more shocking is which Nisa, similar to her predecessor, Court of Appeal President Raus Shariff, displayed her stupidity upon what constitutes orthodox rape as well as which Malaysia is a signatory to a United Nations Convention upon a Rights of a Child (CRC) 2009.
According to a Committee upon a Rights of a Child Implementation Handbook for a CRC, a lady under a age of eighteen is a teenager as well as is not in a in front of to give sensitive consent.
The second-highest ranking decider in a country, Raus had opted to show
concern for perpetrator Noor Afizal Azizan's "bright future" in setting in reserve a five-year prison tenure imposed upon a national bowler by a Malacca High Court, as well as instead contracting him over for great behaviour.
Nor Afizal, afterwards 19, was charged with raping his 13-year-old partner during a hotel in 2010.
A tragedy which Nisa as well as Raus have not usually failed to uphold probity though they have additionally downplayed a crime of orthodox rape, claiming, upon a contrary, which consensual sex in between a teenager as well as an adult is "permissible" under a law.
Nightmare for a parents
By siding with a rapists, both Nisa as well as Raus have motionless which a welfare of a rape survivors is none of their commercial operation as well as which irr! espectiv e of their ages, rape survivors have been "party" to rape.
When Raus's judgment created a open uproar, all he did in perplexing to clarify his preference was to say which notwithstanding being let off upon a personal bond of RM25,000 for great behaviour, open seductiveness had been served as Nor Afizal had been convicted as well as a corruption recorded.
Raus' clarification comes as a calamity to a relatives of a immature girls. What do you make of such senarios a assailant is authorised to roam about freely simply because a decider was tender with his "credentials" or because a assailant is too immature to do prison time?
Are Raus as well as Nisa peaceful to take all a blame if both Nor Afizal as well as Chuah were to dedicate some-more rapes?Also, given when has a perpetrator's age as well as "bright future" turn a concern of a courts in crimes as traumatising as rape?
What Nisa as well as Raus have finished is a caricature of justice, a fumble so serious which it has left a rakyat wondering whether probity is still alive or prolonged dead in this nation of twenty-eight million people.
In these dual cases, a injustice finished to a rape survivors begs which "remedial" actions be taken to safeguard judges stop being biased when dealing with rape cases; it is needed too which judges stop anticipating faults with a rape survivors as well as no longer etch them as "guilty".
Are Raus as well as Nisa aware which in orthodox rape which is additionally known as passionate 
assault or rape of a child or corruption of a teenager or carnal believe of minor, sincere force or threat need not be present as a law presumes coercion as a teenager is legally incapable of observant "aye" to a act?
If judges keep reflecting their stupidity upon cases! which h ave devastating stroke upon a victims, where does which leave a typical rakyat out to seek probity from a courts?
Should probity go on to evade those who hit during its doorstep, a day will not be distant when a nation mourns tragedies seen usually in Hollywood or Bollywood movies.
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