KUALA LUMPUR – Teenager Ain Husniza Saiful Nizam, who made headlines after exposing her teacher for making rape jokes in class, will be dragged to court to face allegations of defamation.
According to a Facebook post today by her father, Saiful Nizam, they were served a writ filed by Ain’s former physical education teacher Khairul Nizam Sanuddin.
Furthermore, following the statement of claim filed at the Shah Alam sessions court on November 26, Khairul contends that Ain’s statement on TikTok, which exposed him for allegedly joking about rape, was defamatory.
He also claimed that other statements made later by Ain and her father on social media and media interviews were also defamatory, despite the duo not naming Khairul.
The teacher asserted that, during the class where he was accused of making the rape joke, he was merely educating students on a reproductive and social health topic based on the physical education syllabus.
Defamatory statements made by the first defendant (Ain) were shared and commented on by the public without her revealing the full facts on the teaching and communication of the physical education class,” the statement of claim reads.
Among other things, Khairul claimed that the alleged defamatory statements made by both defendants suggested that he was a perverted teacher who lacks dignity and was “sex-crazed”.
In addition to that, although Khairul was not initially named by Ain or her father, the teacher suggested that their comments nevertheless led individuals to ascertain his true identity.
Instead, according to Khairul’s version of facts, he was merely explaining how laws could apply to certain sexual conduct.
Khairul said he explained the following to his students:
“You all must remember, if you have consensual sex, it is still rape because you are all below 18 years of age.
“Remember, there are various laws to protect children, whether they are below or above the age of 18.
“Of course, you are not going to want to rape above the age of 18?? How can!!! Malaysia has laws, and if found guilty, you can be jailed and caned.
“In school itself, when you all get caned, you jump. Are you willing to get caned in prison?”
Additionally, Khairul asserted that he also educated his students on how to defend themselves against unwanted sexual advances, harassment and rape.
In the context of stressing his point further, he also said the following:
“In a rape case, it is rare for women to rape men. If there is also, it rarely gets reported. Maybe it is nice? If you report, the police might say it was the man who raped the woman.
“So remember, even if you did not do it, you could be found at fault, because usually, men are the ones who initiate.”
Khairul is seeking damages against both defendants for loss of reputation, and injunctions to prevent Ain and her father from making further defamatory statements.
He is also seeking a public apology from the defendants and is hoping for a court order to demand Ain and her father delete all previous defamatory statements.
In April, Ain had spoken out about an incident in which her teacher allegedly made rape jokes in class.
Subsequently, she and her father filed a police report regarding the incident. However, police yesterday announced that the matter has been classified as No Further Action.
Furthermore, on August 6, Ain was summoned to the Sg Buloh district police headquarters for questioning over investigations under Section 504 of the Penal Code for intentionally insulting with the intent for such provocation to threaten public peace. – The Vibes, November 30, 2021
