Tuesday, May 17, 2011

Towards Lesser Crime In JB (14)

Rape (3)

A 24-year-old single mother was in a car with her boyfriend when a man armed with a knife opened the car door at a traffic light junction at about 2.25am on Monday, May 16.

The man then pointed the knife at the boyfriend and ordered him to drive the car to a house in Teluk Jawa, Pasir Gudang, while an accomplice followed on a motorcycle.
Upon arriving at a house there, the suspects tied the boyfriend before raping the woman.
They also robbed them of cash and their mobile phones.

Upon tip-off, police arrested both suspects at a house along Jalan Bayan in Seri Alam, within nine hours after the rape in a new housing project in Teluk Jawa.
One of them, aged 25, has eight previous records for burglary, theft and assault.


Jailed – Drunk Labourer Who Raped Woman 

JOHOR BARU: A 32-year-old labourer who admitted that he was drunk when he raped a woman on Aug 5 was sentenced to 10 years’ jail and seven strokes of the rotan.
K. Paramasivan pleaded guilty to raping the 24-year-old woman at a booth in JP Perdana at about 8pm.
Sex fiend: Paramasivan being led away after he was jailed for rape.
The facts of the case stated that he had earlier abducted the victim and taken her to the booth.
He punched and slapped the victim repeatedly in the face and other parts of her body before raping her.
However, a police patrol unit managed to rescue the victim and arrest him following a scuffle.
In mitigation, Paramasivan said he had a family to support.
“I was drunk and I deeply regret my actions,” he said.
DPP Jasmee Hameeza Jaafat asked Sessions Court judge Salawati Djam­bari to mete the maximum sentence due to the seriousness of the offence and the victim’s injuries.
“The accused also has previous convictions for robberies as well as rape,” he said.
Meanwhile, Paramasivan was also charged with stealing the victim’s two mobile phones and a gold necklace while causing hurt.
That case has been fixed for mention on Sept 17.

Source: The Star - Wednesday, August 18, 2010


Are We Too Lenient With Rapists At Times?

THE Merriam-Webster’s Dictionary of Law defines RAPE as ‘unlawful sexual activity and usually sexual intercourse carried out forcibly or under threat of injury against the will usually of a female or with a person who is beneath a certain age or incapable of valid consent because of mental illness, mental deficiency, intoxication, unconsciousness, or deception — see also STATUTORY RAPE.’Note: The common-law crime of rape involved a man having carnal knowledge of a woman not his wife through force and against her will.
Even without referring to the dictionary, we all know what rape is about. But do we really know or understand what rape victims have to go through? The reality is that unless we are the victims or one of our loved ones is unfortunate enough to fall prey to such a violent act, we will not be able to comprehend the horror and trauma of rape. Victims are scarred for life.
I was reading an article about the anti-rape legislation and that induced me to look up the dictionary for the finer definition of this heinous crime.
It’s interesting to learn that by and large, we seem to be sending the wrong signals about rape, beginning with the laws that let off too easily those who commit such a crime to an attitude that it is all right for men to be aggressive while women must suffer in silence.
Women’s groups in the country have claimed that rape is one issue this country has not dealt with properly and I agree with them.
A report this week in a national daily struck me. In December 2008, a man who raped his eight-year-old daughter was sentenced by the Sessions Court in Muar, to 25 years jail and 15 strokes of the rotan. This sentence was later affirmed by the High Court.
Yet last Monday (March 22), the Court of Appeal commuted the convicted felon’s punishment by six years jail and five strokes of the rotan. Several questions come to mind with this new judgement.
Why was this evil perpetrator’s sentence reduced? Who thought his sentence was too harsh? But what about the life sentence on the little girl? Have the judges contemplated this at all? Who knows the anguish and who can measure the mental and physical scars that will torment the poor girl for the rest of her life?
The layman in us will not be able to understand what was in the minds of the judges when they shortened the sentence on appeal. Have they not seen the mixed messages coming out of this? It sets a poor example and a precedent for the disturbed and evil men who feel they can violate and abuse the rights of children who are too young to defend themselves.
With a clearer picture and understanding of the issue at hand, I think we must all give our undivided support to women’s groups who have espoused legislative changes and greater justice for rape victims.
The All Women’s Action Society (Awam) has been asking for the abolition of the stipulation on corroborative evidence such as physical injuries in rape cases for a long time. It also wants compensation for rape survivors.
Awam and other women’s groups say whatever is lacking in the law is but a reflection of the flawed societal attitudes regarding rape, its perpetrators and their victims. So far, such legislation has been long wanting.
According to Awam, it appears that there is high tolerance for men who go around bragging about their sexual prowess, which they equate with being ‘real men’.
“Masculinity allows aggression, which leads to rape. There is a thin line between the two,’’ the society adds.
Women’s Aid Organisation executive director Ivy Josiah has also been quoted as saying that ‘in cases of violence against women, be it in the form of rape, physical abuse or sexual harassment, women are told to be silent’.
But Josiah says this does not stop people from looking with contempt at a woman who has been raped ‘’because losing her virginity carries a social stigma’’. These double standards largely explain the prevailing insensitivity of even authorities and health workers toward rape victims.
It must be made clear to all that rape cases have been on the rise in the country and the crime has reached a stage where it has frighteningly become just an everyday, common affair.
Sarawak is also not spared of this ‘scourge’. Police statistics show that the number of statutory rape cases in the state has been on the increase. The police report is too lengthy to go into this column but suffice to say, the statistics are alarming. The reported cases run in several thousands for the whole country.
Some cases can be real violent too and victims were even murdered. There was a recent report of a woman being gang-raped and then set on fire. Then, a 15-year-old ethnic Indian student was raped and murdered, prompting a bitter public outcry. A woman and her daughter were also raped by her 41-year-old son-in-law and a Dutch tourist was gang-raped at a rubber estate. These cases took place in Kuala Lumpur.
Then in Kuching, remember the 14-year-old schoolgirl who was raped at the overhead bridge in Petra Jaya on a busy afternoon in May 2009? In the same week, a 12-year-old girl was taken from her school to a jungle in Samariang and raped. And surely, we have not forgotten the long running saga of the rape of Penan girls.
These are only the reported cases. What about those which were unreported, either for reasons of shame or sheer ignorance?
And part of the reason for under-reporting lies in legislation. Malaysian legal advocates have long had problems with the laws pertaining to rapists and other sexual offenders. They point out that the sentences meted out to those found guilty are too light.
Also, there is the question of definition. Under Malaysian law, rape occurs only when a man forcefully penetrates a woman’s sexual organ with his penis. Using another object such as bottle or a stick, therefore, does not constitute rape.
Yes, the dictionary clearly defines rape — it is torture at its worst! It is such a horrifying, heinous crime and it is high time that we have new legislation that truly punish perpetrators with the same degree of human suffering that they have inflicted on their victims.
No, this is not vengeance. This is justice!

Source: The Borneo Post - Saturday, March 27, 2010

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