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!
who the f*ck brought this about?
ReplyDeleteu can thank Najis Razak and Barisan Najis for screwing up the judiciary and introducing these half past 6 judges into the courts.
thank Barisan Najis lah. hahahaha. padan muka malaysian voters. smart lar.
sunwayopal
Contrary to common ideas of laws being based on timeless principles, in practice they reflect the mores of contemporary society.
ReplyDeleteMalaysian laws (based on old British laws) imposing severe penalties on any form of homosexual intercourse do not recognise any such condition as "consensuality" made perfect sense at the time, and still do to some people. In some societies consumption and production of marijuana (ganja) have been made legal, and other countries attract trivial penalties if caught. In Malaysia it can be a death sentence.
The reality is more and more underaged boys and girls are engaging in sex, whether with other underaged partners or with adult partners.
Its probably happening somewhere in your neighbourhood...right now...
Having said that, I fully agree involving a 12 or 13 years old is too much, and definitely falls into Predatory behaviour.
16 years old ? Legally still a minor, but in practice...those of you with children of that age or approaching that age better wake up and do some heart to heart talk with them...because they WILL engage in sex...with someone of similar age or older.
"16 years old ? Legally still a minor, but in practice..."
ReplyDelete...mature enough to drive and vote?
there's NO 16 year old girl involved - one was 13, the other was 12. Those arseholes who preyed on them were, according to medical experts, paedophiles. They have sick minds and it won't stop here. But the issue is not so much about them but those judges, especially the first one. I suspect the 2nd had to follow the same decision to support her senior.
ReplyDelete"16 years old ? Legally still a minor, but in practice..."
ReplyDelete...mature enough to drive and vote?
In a number of countries the conscription age is the 16th birthday - old enough to hold a gun, and be ordered to kill or die on behalf of the politicians.
Ng Yen Yen should take note...there is probably a major tourism potential coming out from these cases....
ReplyDeleteLots of dirty old men around looking for young meat...
Actually I saw yesterday the newsclip headlined " Electrician who raped minor to know his fate today"....the case which KT posted above.
ReplyDeleteSo the verdict is out now.....and damn, what a verdict ! I too suspected that this judge is just giving support to her colleage who recently gave a free pass to the 'bright-future' bowler.
Even by leaving aside the morality aspect of it, what are these judges smoking, as far as the law is concerned ? Can they just nilly willy ignore the stated rulings as far as statutory rape is concerned ?
Azmi Sharom the law lecturer had very appropriately spoken up......see his recent article on the Afizul case....he even calls for the so called bright-future young man be expelled from participating to represent our country for any sporting event.
What say you..... all those judges out there who must be having your own thoughts on these 2 haprak judges.
Twenty one year olds always have a bright future, and they are always so remorseful in court.
ReplyDeleteDoes that mean its now open season on minors in Malaysia ?
"Twenty one year olds always have a bright future, and they are always so remorseful in court."
ReplyDeleteHahahah....well said. Bear in mind they invariably appear in court decently attired and put on a humble and 'sincere' face for the judge.
But this is neither here nor there....the thing that really gets our goat is that we have such judges that's running our courts...can someone dig up the background of these judges...sekolah mana they graduated from, their personal characters gleaned from other colleagues and friends and relatives etc......
what you all know about compassion? sometimes life is not all about books or black and white laws. there's humanity to give consideration when meting out punishment.
ReplyDeleteSteal milk powder for hungry baby may call for compassion but mercy for sexual intercourse with a minor?
ReplyDeleteA 22 year old man could fcuk a young girl of just 12 years of age.....and there are people calling out for compassion ! Where is that compassionate voice when a mother was jailed for 2 years for stealing a few tins of baby formula for her hungry baby ?
ReplyDeleteAre we going backward .....?
A former Cheap Minister of Malacca must be looking on with envy.
ReplyDeleteUMNO inside information indicates he incurred heavy political debts in return for staying out of jail and silencing LGE over his paedophilic activities...
He basically ended up in Cold Storage for quite a long time, even though he got away without any legal penalties.
If the "bright future" defence had been available then, he could have got away Free.
We need a sexual offender registry like the one in the US. If the judges can't jail 'em at least I 'll know if there's one in my neighbourhood - http://www.nsopw.gov/Core/About.Aspx
ReplyDeleteWe are not doomed.
ReplyDeleteIts a matter of perception.
Just have the right positive mental attitude and everything will be OK >
"We are not doomed.
ReplyDeleteIts a matter of perception.
Just have the right positive mental attitude and everything will be OK >"
Righto ! U hv any young daughters ah ? Must be below 14 years.... Or if not daughters, any sisters of the under-age kind ? I heard the courts are v lenient lah....so I better strike while the iron (rod) is hot, kakakaka. U people don't medddle, the judges oredy give permisson what.
It's all a matter of perception. I just love those lil girls who are still playing with their dolls.....
Can we identify the judges behind this fiasco. I would like to know how many daughters/nieces/grand-daughters they have who are still minors. Put their identities on the internet. Let them reap what they have sown
ReplyDelete