Malaysia

Guilty of raping daughter, man gets 28 years in jail, whipping

Court also sentences mechanic for sexually assaulting own child when she was 12

Updated 3 years ago · Published on 10 Apr 2023 5:06PM

Guilty of raping daughter, man gets 28 years in jail, whipping

SEREMBAN – A mechanic was sentenced to a total of 28 years in jail and 13 strokes of the cane by the sessions court here today for raping and sexually assaulting his daughter.

Judge Datin Surita Budin handed the sentence after the 47-year-old man pleaded guilty to both charges. 

He was sentenced to 18 years in jail and 10 strokes of the cane for the first offence of raping the girl, and eight years in jail and one stroke of the cane for sexually assaulting her, and an additional two years imprisonment and two strokes of the cane because he is in a relationship of trust with the victim. 

However, he was ordered to serve the jail sentences concurrently from the date of arrest, which was April 3 this year. 

According to the first charge, the man was charged with raping the girl, who was then 11 years old, in a bedroom at their house in Jempol near here, at 12.01am between December 20 and 31, 2017. 

The charge was framed under Section 376 (3) of the Penal Code which provides imprisonment for up to 30 years and liable to whipping of not less than 10 strokes of the cane. 

He was also charged with committing physical sexual assault on the girl when she was 12 years and two months old at the same location and time between April 11 and 30, 2018. 

The charge was framed under Section 14 (a) of the Sexual Offenses Against Children Act 2017 and read together with Section 16(a) of the same law for committing an offence with a person in a relationship of trust. 

According to the facts of the case, the victim told her mother and other siblings about the incident, but the accused denied it. 

It was only last April 3 that the matter came to light when the 17-year-old victim told her friend about the incident who then reported the matter to a teacher and a police report was lodged on the same day. 

In mitigation, the accused, unrepresented,  asked the court to give a light sentence because he had repented and regretted the heinous act that he had committed. 

Deputy public prosecutor Goh Hsiao Tung requested a commensurable sentence as a lesson considering the victim is his child and needs to be protected and that the incident will cause serious trauma to the victim. – Bernama, April 10, 2023

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