Malaysiakini - Man spared jail for rape of 12-year old
What the FUCK!
Yet ANOTHER case of 'bright future'!
Yet ANOTHER case of 'consensual' sex!
Yet ANOTHER case of 'no force or coercion'"
Hellooooooooo, yang arif, both victims were sub-16. What kind of judgement have been these, where you two don't understand what is 'statutory rape' .
The law states clearly that a person below the age of 16 is deemed unable to make an informed decision and/or appreciate the possible consequences of the decision.
Thus, consensual sex is totally irrelevant in statutory rape!
Thus, non-coercion is totally irrelevant in statutory rape!
Thus, any adult who had sex with a girl below the age of 16 has committed statutory rape, regardless of consent by the victim or that there was no force or coercion!
The Malaysian Insider (TMI) reported in its news article Rapists freed by courts match medical definition of paedophiles that the World Health Organization's International Classification of Diseases (ICD) categorizes paedophilia as ‘a sexual preference for children boys or girls or both usually of pre-pubertal or early pubertal age’, ...
... while the Diagnostic and Statistical Manual of Mental Disorders (DSM) used by mental health professionals globally states 'paedophilia is the sexual attraction to pubescent or pre-pubescents aged 13 or younger and the subject must be 16 or older with the child at least five years younger'.
TMI states the two slimy maggots fit the medical profiles of paedophiles and that international research of paedophilia as a sexual disorder suggests that paedophiles start offending at a young age.
I was totally gob-smacked by the judge's explanation in the earlier case, where he had dared, in a case of statutory rape, to use the excuse that Nor Afizal did not use force and it was consensual sex.
Are these new laws no one other than the judge has been aware of?
Apparently not, as his colleague in Penang has done the same thing?
Or, has it been a case of stare decisis (legal precedence), or perhaps what the Cantonese loosely term 'Hoe Heng Tai'?
In my earlier post Malaysian Laws like Spider Webs? I pointed out that an unemployed man was jailed for FIVE YEARS for stealing less than a dozen cans of beer. He was charged under Section 380 of the Penal Code for theft, which carries a maximum 10 years’ jail or fine upon conviction.
For stealing 11 cans of beer, he was sentenced to 50% of the max jail term.
Those two arseholes, Nor Afizal and Chuah Guan Jiu were charged under Section 376(1) of the Penal Code where they could face up to 20 years' jail and whipping.
For raping little girls, did they get any fraction of the max sentence or whipping?
The moral of the story we obtain must be that under Malaysian law, it's (criminally) safer to rape little girls than steal a few cans of beer.
With such a mentality in our country, was it any wonder our Parliament in 2009 had passed legislation to reduce, yes reduce the sentence for incestuous slugs - for more see Lawmakers too easy on incest!
If one court had committed the unbelievable legal error of not knowing what is the meaning of statutory rape, and made worse by the senior judge attempting to explain the court's decision by the very explanations that the laws said would not and should not be considered in a case of statutory rape, it was fucking bad enough.
But for a second similar case to occur with virtually identical judgement just within a couple of weeks beats the f* out of Malaysians' respect for an already lowly respected judiciary.
Who the f* has brought our once world renowned judiciary to such pathetic standards!