Tuesday 28 August 2012

Statutory rape is rape, with or without consent

YOURSAY 'Minors are protected because they are regarded as not of age to reason or take responsibility for what they do.'

'Punishment does not exonerate national bowler'

your saySinner: I respect the court's reasoning but beg to differ. Where is the element of public interest? Punishment serves as a warning to would-be offenders. This one doesn't.

In fact, it will become a precedent that people with a good future in sports can rape and molest without having to do time.

Wira: Minors are protected because they are regarded as not of age to reason or take responsibility for what they do. There is no justification for the rape of a minor.

Neither is the argument that justice is better served when a criminal is rehabilitated. The law must protect the victim or intended victims. A criminal's rehabilitation begins from the moment he is punished.

Opah: What "punishment"? He's got away scot free. He has to post a bond of RM25,000. If he behaves like an ordinary person instead of a sex offender for five years, then he gets his money back.

Swipenter: Rape, statutory or otherwise, is one of the most heinous of crimes known to us. A convicted rapist is given a suspended prison sentence in exchange for a personal bond of RM25,000 for a five-year good behavior period.

Define good behaviour. Not another rape, sex offence or not one speeding or parking ticket within the five-year period? I and many others would like to hear justice Md Raus Sharif 's definition of good behaviour in this very case.

We have seen much heavier sentences meted out for offences like petty thefts and shoplifting. Now can first-time (maybe even repeat) offenders plead for a suspended sentence in lieu of a personal bond for good behaviour within a stipulated time-frame citing this precedent?

We can understand that justice should be tempered with mercy, but that has to be weighed against the severity of the crime committed.

Ferdtan: In our society, young girls (boys included) are starstrucked with famous people and celebrities - including sports personalities - especially national footballers, actors, actresses and singers.

A girl of 13 years old would be attracted to them through puppy love. Can a 13-year-old think well in such circumstances, even if she was agreeable to the sex?

The judges, by their decision, ruled in the mitigating factors that the statutory rape was a 'lesser offence'. This makes a mockery of the intention of the Statutory Rape Act to protect young persons who are not of age (and mind) to decide for themselves.

Kgen: The judge said that the fact that it was consensual and the offender was extremely remorseful should be taken into consideration. This ‘unlearned' judge should be sent back to school to study the law.

What does consent have anything to do with statutory rape? Consent means nothing coming from an underage girl. As for being remorseful, where was his remorse before he was caught? Did he turn himself in before her father made a police report?

The fact is that he went to a resort hotel with the girl with the premeditated intention of robbing her of her innocence. Did the judge take this cold, merciless premeditation into account?

This judge has put a lot of weight on remorse. Even I can show remorse after I'm caught.

Cloudnine: Judges are rewriting the law as they go along. Maybe we should throw two shoes at the bench. In one statutory case in Sarawak, the boy was jailed and whipped even though the couple said they loved each other very much and wanted to get married.

In another case in Malacca years ago, the alleged rapist got away scot-free while the person who helped the underaged victim was jailed. The helper then worked his way up to become chief minister of Penang.

Voice: Many rape offenders in this country are also first-time offenders and been jailed and given the rotan. Why was this guy was treated differently?

Anonymous_3e2: Statutory rape is a very serious case as it involves an underaged victim. Justice must be served in this case as a form of deterrent. Malaysia is facing a dire crisis of social problems and the court must play its role in ensuring the situation from becoming uncontrollable.

This verdict must come as a shock to many as they see a bad precedent has been set - that might send a wrong signal to our youths.

Vijay47: The one thing that is disturbing me most terribly is that the girl's parents and family are keeping so quiet, when one would expect them to be out on the streets screaming at the judges, the judiciary and the entire rotten system. Oh God, please don't let it be what I fear it might be.

Ourvotesdecide!: A rape is a rape. Why enact the law which makes such an act a statutory rape offence in the first place?

Is the court the body responsible for enacting the law and not Parliament? I thought the role of the court is to interpret and apply the law passed by the legislature.

This case should be brought up to the Federal Court for a final decision on the respective roles of the legislature and the court as provided by the federal constitution.

Anonymous_40a7: In Singapore earlier this year, 44 men were charged for having sex with a underaged girl prostitute. The 44 includes an ex-principal and an ex-school teacher, a former police superintendent and the the grandson of founder of the Shaw Organisation.

In our country however, all you need to escape punishment for underaged sex is "a bright future", which no one can guarantee, unless you can see and predict the future.

That's Malaysia justice system to you, boys and girls. You know what, maybe I should do the same - I have a "bright future" ahead since I will be taking over my parents' business.

Telestai!: What a precedence for future rape cases. All you have to do is to show that you can be rehabilitated and you get off with nothing more a slap on your wrist.

Home: My lord, when he committed the crime which he has admitted, did he ever give chance to the poor little underaged girl?

Please think, if that poor girl is your own daughter, would you then defer the judgment? Malaysians don't need this kind of sportsman, no matter how well he plays.

Onyourtoes: A judgment should be based on all factors, including extenuating ones (if any) and it should be fair and consistent with the punishment of other similar offenders, in line with the gravity of the offence, justice to victims, and whether or not public interest has been served.

This is very different from making a judgment first and then trying to find reasons to justify or substantiate that decision.

HYL: It's like you shoot and kill someone but if you repent and willing to pay a fine then you are left off the hook. How about the victim?

The poor girl, even though she consented to sex, has lost her innocence forever to this monster. The biggest sin is that this monster knew that the girl was underaged when he had sex with her.

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