Malaysia

Guan Eng presses government for answers after rape charge downgraded without survivor’s consent

Lim Guan Eng has called on the authorities to account for a decision to reduce a rape charge without informing the survivor, warning that the case risks undermining public confidence in justice and women’s protection under the law

Updated 8 months ago · Published on 14 Jan 2026 2:03PM

Guan Eng presses government for answers after rape charge downgraded without survivor’s consent
The DAP adviser warns that the case risks undermining public confidence in justice and women’s protection under the law - January 14, 2026

DAP adviser Lim Guan Eng has urged the government to clarify why a rape charge was reduced to a lesser offence without the knowledge of the survivor, saying the episode highlights troubling gaps in transparency and sensitivity within the criminal justice system.

Lim said the case has sparked public concern after a single mother, Loh Wai Mun, revealed that a rape charge against her alleged attacker was downgraded without her being informed or consulted. The accused was initially charged under Section 376 of the Penal Code and had claimed trial before the charge was reduced to assault with intent to outrage modesty under Section 354.

The reduction followed the Attorney General’s Chambers’ acceptance of a letter of representation submitted by the defence. The accused later pleaded guilty to the lesser charge and paid a RM10,000 fine imposed by the court.

In a statement issued on Wednesday, Lim, who is also the Bagan Member of Parliament, said Loh had written to Attorney-General Tan Sri Mohd Dusuki Mokhtar on Jan 9 to formally question the decision, arguing that the downgraded charge did not reflect the severity of the harm and trauma she suffered.

Lim cited Loh’s words, saying that “the handling of this case has caused me to feel unprotected, unsafe, unheard, and sidelined.”

While recognising that the Attorney General holds absolute discretion under the Federal Constitution in deciding prosecutions and charges, Lim stressed that the circumstances of this case were exceptional and warranted a clear explanation to the survivor and the public.

“In view that this rape victim is willing to go public and expose her identity to seek justice, her courage and steadfastness should be rewarded with an explanation from the Attorney-General,” Lim said.

His remarks were directed to Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said, as Lim called on the government to uphold both its statutory obligations and moral responsibility to victims of sexual violence.

Lim added that the administration must ensure women feel protected by the justice system and that offenders are punished in a way that reflects the seriousness of their crimes.

He said the survivor deserves “a right to know and a full explanation for the pain, fear and trauma that she and her family endured.” - January 14, 2026

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