For two days in a row, this is what was all over the headlines:
"RAPIST'S FUTURE SAVES HIM FROM JAIL"
Seriously? Come on.
Shufei did a lovely and oustanding summary of the whole cases and Acts. Please read her post first. (just click on her name).
So these are the short summary of the cases:
1) A three-judge panel at the Court of Appeal unanimously ruled on Thursday to release ten-pin bowler Noor Afizal Azizan on probation in the statutory rape case, overturning a lower court's decision to jail him.
In his decision one of the three judges agreed with Noor Afizal's lawyer that, according to national news agency Bernama, "public interest would not be served if Noor Afizal was sent to jail as he had a bright future".
2) An electrician was today bound over for three years on a RM25,000 good behaviour bond after being convicted of raping his then 12-year-old girlfriend, twice last year. In handing down the sentence, sessions court judge Nisa Abdul Aziz said Chuah Guan Jiu, 22, is still young and has a bright future ahead of him.
“According to the probation report, he does not have a criminal background,” she said adding that he was not highly educated as he had dropped out of school in Form Two. Moreover, the court had found that the sexual act was consensual between Chuah and the victim, and he had not tricked her into the act.
First of all, how is not jailing them will serve the public interest? The judgement mentioned that the rapists are remorseful and regretted what they did. Fair enough. But law is law. No point crying over a spilled milk. Can they undo what they did? No. What you did is what you get. That's the law -- you cannot escape from it. However, in these cases, it was cited that because both have a "bright future" ahead of them and it will only do them and the public good by "binding them" over some thousands ringgit.
Since when money became the only medium to resolve statutory rape?
In fact, the law in Malaysia states that even IF the woman gives into consent, however if she is underage (16 years old & below), it is still considered statutory rape. One of the case, the then 22 years old electrician raped his 12 years old girlfriend. TWELVE YEARS OLD. How can you take a 12 years old's consensual to have sex as legal if even at the age, she is still not legal to marry yet. Well, unless the guy had asked permission from the girl's parents to have sex with her, then fine, I have no qualms over the ruling. Furthermore, he not only raped her once but twice by luring her from not going to school. What did he get? RM25,000 binding for 3 years of good behaviour. Heck. If I was him, I'd be happy enough.
And for the bowler's case, the girl did not complained and the incident was only surfaced when her father read one of her dairy's entry. He co-operated and surrendered. Fair enough but I'm sure he is not the first to co-operate with the police and definitely won't be the last. And a BRIGHT FUTURE because he's a national bowler?
Let me say this. EVERYONE HAS A BRIGHT FUTURE. It depends on whether you WORK FOR IT. If you know your action might jeopardise your future, then why do it?
And just because someone is under-educated, doesn't give that person as an excuse to allow him to break the law. In fact, I'm pretty sure we can find younger drop outs whose behaviours who far better than this. So please, don't stereotype people.
I know I'm not a lawyer or a judge in these cases but I wonder if the judges actually thought of the consequences of their judgement. Letting these rapists escaping jail sentences because they have a bright future and are remorseful. And have they ever thought about the victims or OTHER victims of rape who are now hiding behind closed doors because they are now fearful, knowing no matter what, their rapists won't be put behind bars.
Yes, the judge from one of the cases mentioned that their verdict shall not be precedent and the ruling of future cases should be judged by their own facts separately. Regardless of it being a precedent or not, it WILL influence future cases and change people's view towards statutory rape. Have the judges ever took into considerations of the public outrage? How is letting these rapists off would benefit society? Please explain this to me because I really am confused.
Indirectly, this is telling the victims of rapes and women that it is their fault that they get raped. That it is their fault for being born as a girl. Or their dressings which might arouse some men. Well, let me tell you this. Women are born to have breasts and vagina. God created them. You got an issue with these being too sexy? By all means, talk to the Creator because I'm sure He'll have an answer for you.
So instead of telling girls not to go out at night, why don't we teach boys to behave better?
Isn't that supposed to be the way? Equality.
I agree, both sides should be blamed when it's in the case of consensual rape but in these cases, the men completely walked out. What about future rapes? Are you just going to say "Oh no, it's not his fault. I'm sorry, he has a bright future so he's not going to jail."
A lie is a lie. A rape is a rape. You can't just dodge the law when you feel like it. The parliamentary acts are there for a purpose, aren't they so? Even if the judges want to overrule their decision or change the current law, at least think of something more sensible and beneficial. Maybe if it's consensual rape, depending on their ages, jail them both. Or something like that. Like I said, I have no legal position or whatsoever but I am speaking from the view as a citizen and the public. We want justice and fairness; and not some bolehlah cam tu attitude. Nobody goes above the law.
"Let me get this straight – it is illegal to love someone of the same gender as you, publicly make out with your boyfriend even in a deserted area with nobody around. But it is perfectly fine to rape a minor as long as they are 'willing' (why, did she show you the 'my body is ready' gif on tumblr?) as long as you stand a chance of having a 'bright future'? " - Shufei
Seriously, this thing, two cases consecutively is losing my faith in this country's legal system. They can go on and on how haram (illegal) it is for a Muslim to drink alcohol and intended to jail one of them for 6 months. However, when it comes to statutory rape which I'm sure it's illegal in Islam too, they can use "bright future", "no coercion" as valid reasons not to jail them.
Hypocrites, I tell you.