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18 years’ jail for raping friend’s 16-year-old daughter

12th July, 2018

KOTA KINABALU: A 28-year-old local man who raped his friend’s 16-year-old disabled daughter, will be sitting in prison for the next 18 years.

Jackson Masih will also be whipped twice, after he decided not to change his plea in the midst of the rape trial. Sessions Court Judge Ainul Shahrin Mohamad also ordered the accused to pay a RM10,000 compensation to the victim or he will be punished with another six months in jail.

Earlier the prosecution had called their sixth witness, when the unrepresented Jackson decided to plead guilty. He raped the girl at a lodging house in Beaufort between 11pm on Sept 4 and 6am on Sept 5, 2017. He committed the offence along with an accomplice still at large.

The offence under Section 376(2)(d) of the Penal Code carries a jail term of between five years and 30 years, and whipping, on conviction.

Prior to the incident, the father of the victim declined an invitation from the accused to accompany him to buy cigarettes at Kuala Penyu town. However, the father allowed his two daughters including the victim to follow the accused.

At first the complainant did not suspect anything amiss until the children failed to return home by 1pm. Fearing for their safety, the complainant decided to lodge a police report. On his way to the police station, the complainant came across his children at Sitompok Bridge.

The younger daughter told the father that her sister had been raped. The father then rushed off to inform the police on the incident.

Investigations found that Jackson and his colleague brought the victim and her sister for a walk before stopping over at a house in Kampung Bundu.

At the house, the victim was pulled into a room and was raped by the accused and his friend, while the victim’s sister who overheard her sister’s cries, was left outside the room. After the incident, the girls were sent home.

The victim was referred to the Women and Children’s Hospital, and medical examination found that there was a fresh hymen tear and vaginal laceration on the victim’s still-bleeding genital. The victim is suffering from moderate intellectual disability.

Jackson was arrested on Sept 21, and on Oct 2, the girls identified the accused at an identification parade. In seeking for leniency, Jackson said he was remorseful for his action and would not repeat it.

He also asked the court to consider that he is taking care of his young children including his unwell mother. Meanwhile, Deputy Public Prosecutor Husna Abdul Halim submitted that Jackson had committed a very serious and heinous act.

She said based on the doctor’s testimony, the accused DNA was found in the victim’s body as the penile penetration was done with force and reached deep into the cervix of the victim.

“Clearly this is a crime of violence. Rape is a rampant offence and public interest demands for such offenders to be severely punished especially when it is committed against a vulnerable victim,” said Husna who believes that the accused has not shown any remorse as he only admitted to the crime after the trial had proceeded.

The court ordered the accused to be placed under police supervision for two years after his incarceration. – NEDM

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