2007 05: Driver who raped stepdaughters gets deterrent sentence

The Star online. News. Courts. Saturday May 19, 2007

By M. MAGESWARI
mages@thestar.com.my

KUALA LUMPUR: Ninety years’ jail and 18 strokes of the rotan!

That was what a Sessions Court here meted out on a lorry driver who raped and forced his two underage stepdaughters to perform oral sex on him.

The man, however, will only serve 30 years because most of the jail terms for the multiple charges are to run concurrently from the date of arrest on April 30.

The girls, aged 14 and 15, had lodged police reports on that day when their mother discovered that the elder one was seven months’ pregnant following a hospital check-up.

On each of the four counts of committing incest, judge Anita Harun imposed a 15-year jail sentence on the 40-year-old man and three strokes of the rotan.

On each of the three counts of forcing the young girls to perform oral sex, the judge ordered the driver to serve 10 years and caned twice.

The man did not show any emotion when he heard the verdict yesterday.

He had committed the offences in his bedroom and the girls’ room at their home in Cheras sometime in the middle of 2005 to April this year.

The court was told that he had married the girls’ mother in 1997. He raped them when his wife, a security guard, went to work.

The man first raped the younger girl sometime in mid-2005, after pulling her into his bedroom and forcing her to perform oral sex on him.

He also threatened to beat her if she told her mother about it. He repeated the crimes on her in December last year.

In January last year, while the elder girl was reading a book, he rubbed her cheeks and then pulled her to his bed and raped her. Three months later, he forced her to perform oral sex on him.

On another occasion, while the girl was washing dishes in the kitchen, he asked her to have sex with him and sometime in April this year, he raped her again.

He warned “nanti siaplah engkau (I will finish you)” if she told anyone about the incident and the girl, fearing that he would also assault his wife as he had often done, did not relate the ordeal to her mother.

Deputy Public Prosecutor Tetralina Ahmed Fawzi pressed for a deterrent sentence, saying that it was in the public interest and that the offences were serious.

She described the man’s actions as “heinous, sinful and disgraceful”.

Tetralina also asked the court to consider police statistics which showed a big increase in rape cases from 2000 (when 1,200 rape cases were reported) to 2005 (1,887 cases).

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Man gets 30 years, rotan for raping stepdaughters
NST online. Local News. 19/05/07

By : A. Hafiz Yatim

KUALA LUMPUR: For almost three years a lorry driver raped his two stepdaughters, aged 14 and 12, when his wife was at work.

He threatened them not to tell their mother and they obeyed for fear of being beaten. They were also afraid he would beat their mother.

He "disturbed" the children when they were reading or doing their homework and forced them to have sex with him.

His misdeed was only uncovered when the elder daughter complained of stomach pain. Her mother, a security guard, took her to the Kuala Lumpur Hospital last month and it was confirmed the girl was pregnant.

Both girls admitted that their stepfather had raped them.

Yesterday, the 40-year-old man admitted at the Sessions Court to four counts of incest, and three of forcing the girls to perform oral sex.

He was sentenced to 30 years’ jail and 18 strokes of the rotan.The man, from a low-cost flat in Jalan Peel, Cheras, was charged with:
• raping the 12-year-old victim about 10pm at their house in the middle of 2005;
• raping the same girl between 9pm and 9.30pm at the same place some time in December last year;
• forcing the same victim to perform oral sex on him some time in the middle of 2005;
• forcing the same girl to perform oral sex on him some time in December last year;
• raping the 14-year-old girl about 8.30pm some time in January last year;
• raping her when she was 15 about 3.30pm in April this year; and,
• forcing her to perform oral sex on him some time in January last year.

In mitigation, he appealed for the sentences to run concurrently from the date of his arrest on April 30.

Deputy public prosecutor Tetralina Ahmed Fauzi said his mitigation showed that he was not remorseful.

"He did not do this on one occasion but on many occasions and he threatened them," she said.

"His animal-like actions are not justifiable as it left his daughters traumatised and psychologically and emotionally scarred for the rest of their lives. They along with the unborn child will have a bleak future." Tetralina submitted that rape cases had been on the rise as in 2000 there were a total of 1,210 cases reported to the police and this had increased annually. In 2005 it spiralled to 1,887 cases.

"Incest is a heinous crime in any society and the punishment meted out should reflect this," she said, adding that the punishment should be given consecutively as they spanned a three-year period.

Judge Datin Anita Haron sentenced the man to 15 years’ jail and three strokes of the rotan for each rape charge and 10 years’ jail and two strokes for each of the oral sex charges. She ordered that the sentences pertaining to each victim be served concurrently. However, the sentences for offences against the two girls are consecutive.

"It would be very unfair to give you a concurrent sentence (for all the offences) as it involves two victims," she said.