The following are the latest excerpts from newspaper and magazine articles that I have compiled to give you an idea of the prevalence of incest and child sexual abuse in Malaysia. Please note that there are thousands that go unreported.... Join me in the action against these denying sex offenders !

Rape is punishable under Section 376 of the Penal Code, with a jail term of up to 20 years and possible whipping.

The offence for outrage of modesty under Section 354 of the Penal Code carries a jail term of up to 10 years or a fine or whipping or any two of the punishments.

Source: The New Straits Times Online, Life & Times, Malaysia. Thursday, April 18, 2002.

Cover Story - What lies beneath ?

April 18: IT won't stop. Will stiffer sentencing work? Is 20 years and whipping a severe enough deterrent for fathers and guardians who rape? Will castration be the answer to the increasing numbers of the brutal rape and murders of babies and children? Or, is the death sentence the only solution as suggested by some? Recent headlines show these up as hopeless attempts at protecting our children where they ought to be safest - in our homes.

Last week, a 13-year-old was alleged to have been raped by her father since she was five. Her grandfather and brother allegedly joined in when she was a few years older.

Two others accused are her brother's friend and her childminder's son.

Five days ago, another 13-year-old girl gave birth to a baby girl, allegedly fathered by one of her two teenage brothers. They were arrested for alleged rape over a period of two years.

Most recently, a 41-year-old father of eight was sentenced to 12 years and 12 strokes of the rotan for raping his 12-year-old daughter.

He pleaded for a lighter sentence, saying he had to support his children and wife. It seems he was suddenly seized with a sense of responsibility and honour, something he appeared to have forgotten while brutalising his flesh and blood.

What causes such a horrific breakdown that people who look like us, dress like us and whom we probably meet daily at the office or supermarket turn out to be carrying out such vile acts behind closed doors? Who are these people who hide behind social norms and customs that we all share? Professor Dr Mohd Hatta Shaharom, clinical professor and head of the department of psychiatry at the Faculty of Medicine at Universiti Kebangsaan Malaysia, said incest tends to occur in dysfunctional families. "For some reason, the interaction of family members is not in keeping with accepted cultural norms. Men who commit incest generally see the act as a `short-cut' to releasing sexual tension. Whether it is an adult woman or man abusing a young girl or boy, the intent is the same. It is the breakdown of the family unit that leads to such acts," he said.

An article in The Forensic Echo, a US-based psychiatric journal, said the classic incest perpetrator is a "relatively well-adjusted individual in many areas of his life (such as work, community activities and vocational pasttimes etc.)" But are there at least danger signs we can spot? And why do mothers remain silent? A report in Utusan Malaysia stated that in most cases, in a four-year study by the police on sexual assault, mothers knew of the abuse.

They remained silent because of a combination of reasons - afraid of being divorced, shame, fear, out of respect for husband, and because they are completely financially dependent.

The study also indicated that fathers who rape did so because they felt they had absolute power over the family and knew no one had the right nor courage to stop them, said Bukit Aman's Pegawai Bahagian Siasatan Khas (D9) Kes-Kes Serangan Sexual, Asst. Superintendent Halimah Kawaluddin.

On the other hand, Halimah said, victims are usually those with no knowledge of sex education and regard the abuse as either punishment or a show of affection.

The abuse is only exposed when the victims finally decide to speak up. Often this happens only years later.

But what goes through the minds of grandfathers, brothers, uncles, stepfathers who commit rape and incest? Sadly, there is still insufficient information or research done on this. The only conclusion is that abusers are not of a particular type. Says Dr Hatta, "there is no single mindset applicable to all rapists. There are very few patterns." Hatta concurs with the findings of the police study that rapists rarely feel any remorse or guilt. "The majority continue in the hope that they will escape being caught. Others just don't care about how the act affects the victims." Public debate over the last few days has rung out with cries for harsher penalties. Others - like Minister in the Prime Minister's Department Datuk Abdul Hamid Zainal Abidin - are convinced that religious knowledge is the only answer.

Even Jakim has announced more Keluarga Bahagia courses and promised a review of pre-marriage counselling courses.

Many are sceptical about the validity of this path. Stiffer sentences may only drive the perpetrators underground, whilst the courses are too general to have any effect on potential offenders.

"Rapists have been generally men who are not affected by culture which generally dictates the way they behave," adds Dr Hatta. "The prohibitions of religion mean nothing to them and the rules of social etiquette do not apply." "Learning religion in the classroom reduces it to just another subject to be learned, but not to be lived," says former teacher Raden Azahar. "The essence of religion, the values it tries to inculcate, are lost in the curriculum jungle." This may help to explain the bizarre connection that a certain politician made last week between polygamy and sexual assault. The politician suggested that making it easier to have several wives would reduce the incidence of incest because men would have legitimate outlets for sexual release.

Could he have said this because the police study reported that 71 per cent of 1,369 incest cases involved Malay Muslims? Instead of promoting polygamy, perhaps a more intelligent suggestion would have been to research the causes of why Malays are predominantly the perpetrators and victims.

Such heinous crimes on children go beyond our shores. Sahil, a Pakistan-based NGO which deals exclusively with child sexual abuse, points out that "there is an element of sanctity involved in certain professions such as teaching religion which also prevents disclosure." Between 1997 and 1998, there were 96 reported cases of child sexual abuse by guardians. Out of these 58 were policemen, 25 were religious teachers and 13 were schoolteachers. The number may seem low, but it is likely the damage extends far beyond because the perpetrators wield a great amount of power influence and authority on the children and society.

More recently, the Catholic church has been rocked with a series of scandals involving the sexual abuse of countless young boys by priests. The trail of conspiracy, some of them claim, leads all the way up to the Vatican.

If laws and religion cannot deter, who will protect the innocents? # The writers can be contacted at features@nstp.com.my

Source: The New Straits Times Online, Malaysia. Thursday, April 18, 2002.

Mothers are victims, too

By SARAH SABARATNAM sarah_s@nstp.com.my

April 18: IT took eight years before the plight of a girl, who was being raped by her brother, father, grandfather and two other men, was brought to light. One can't help but ask where was the mother all that time? Did she know? And how could she have remained silent? Madeleine Yong, director of P.S. The Children, cautions against blaming the mother in incestuous cases. Instead, she says, we need to empathise with the different issues a mother has to deal with in those circumstances.

In most cases, if the father is the offender, he is really dominant and the sole breadwinner while the mother is mentally and physically weak, subservient and powerless. "Even if she wants to help, she doesn't know how," says Yong.

Sometimes, the mother wants to save her marriage, especially if it is her second. She may also feel that she wants to spare her family the shame and embarrassment.

According to Loh Cheng Kooi, executive director of the Women's Crisis Centre (WCC), reactions can vary, ranging from being very shocked and upset to denial that the incident took place.

"The mother (on finding out that her child has been sexually abused by a close family member) may be outraged at the perpetrator or angry at the survivor for shaming the family. She may also feel guilty at not being able to protect her child." In some cases, the mothers remain silent because they are also victims of abuse by the perpetrator, adds Loh.

Thus, society needs to be much more supportive and provide an environment that will make it easier for mothers to break this code of silence.

Yong says our country needs more non-governmental organisations that can help provide refuge and financial support for such mothers and their children.

If women knew that a supportive environment existed for them, more will come forward.

The first thing a mother needs to do when she finds out that her child is being sexually abused by a family member is to stop it. "The only way to do that is to report it." This is precisely why Yong says a proper system must exist to make it easier for women to make reports. "Very often, our system is such that we end up re-victimising the victims." Then, once the offender is out of the way, both mother and child will need to undergo therapy. "It is important that the mother supports the child through the healing process." Loh says it is extremely important for mothers not to break down in front of the child or show how upset she may be as this may have a negative impact on the child.

"It is equally important not to blame the child. Mothers must also seek help immediately to help protect her child as well as get support for her own trauma." # The writer can be contacted at sarah_s@nstp.com.my

## AN ASSAULT ON ABUSE

WE would all sleep a lot better at night if we could spot the perpetrators of child rape and incest from a mile away.

But the very repugnance of the crime is that these are people to whom we willingly entrust our children.

The only solution is to take charge of the situation. Start talking about it. Tear away the cloak of silence that protects the abusers.

1. Make sure your children are informed — teach them to recognise the good and the bad touch.

2. Be aware of the signs. There is plenty of information available locally from child and abuse-related NGOs, and on the Internet. Do NOT look the other way, under any circumstances.

3. Take children seriously when they are troubled or complain. Children make up lots of stories, but experts say they rarely lie about abuse.

4. Work with the media and NGOs to relentlessly remind the public of horrors of rape and incest.

5. Urge multinationals to sponsor poster campaigns and public service ads on television.

6. Work with theatre groups. Go to schools and role play to get children to recognise if they have been victimised.

In the case of abuse:

1. Make a police report immediately. Campaign for all police officers to be sensitive and proactive in their handling of such cases.

2. If you need to leave your home, take your vital documents and those of your children with you. Do not let anyone convince you that it was wrong to leave.

Useful addresses:

Women’s Crisis Centre (WCC)
24-D Jalan Jones,
10250 Penang.
Tel: 04-228 0342, Fax: 04-228 5784,
e-mail: wccpen@po.jaring.my,
Website: www.wccpenang.org

Women’s Aid Organisation
Tel: 03-7956 3488, Fax: 03-7956 3237,
e-mail: www.wao.org.my

P.S. The Children
2nd floor, Bangunan GB,
66C Jalan Petaling Utama 9,
Taman Petaling Utama,
46000 Petaling Jaya.
03-7784 4344/55, Fax: 03-7784 4322,
e-mail: psthechildren@yahoo.com

Civil Action Bureau,
Pusat Selera Subang,
Tingkat 3,
Jalan SS3/39, Petaling Jaya.
03-7875 5497, Fax: 03-7875 5496

Source: The New Straits Times Online, Malaysia. Thursday, April 18, 2002.

Push for heavier sentences

Gani suggests consecutive jail terms for incest and rape cases

By Carolyn Hong hcarol@nstp.com.my

KUALA LUMPUR, April 17. — Attorney-General Datuk Abdul Gani Patail has directed his prosecutors to push for heavier sentences for rape and incest, including consecutive jail terms, following a spate of such cases.

He told the New Straits Times today that he had also directed prosecutors to immediately file appeals to the High Court if the sentences in such cases were inadequate. He, however, declined to disclose the threshold of sentences deemed to be too lenient, only saying that he had spelt it out clearly in a recent circular to the deputy public prosecutors.

He added that the imposition of the minimum five or six years sentence would not be automatically regarded as adequate.

"I view rape and incest as very serious offences, and I have told the prosecutors to ask the court to impose heavy punishment, including consecutive sentences," he said.

It is common for the court to pass concurrent jail terms against those convicted of several incidents of rape and incest, even though it is entitled to order consecutive sentences because the offences are distinct and separate.

Yesterday, Gani directed the Negri Sembilan deputy public prosecutor's office to appeal against the 12-year jail term imposed on a construction worker for raping his daughter on two occasions (see Page 3).

Shari Mohd Shariff was sentenced to 12 years and six strokes of the rotan on each count, with the jail terms running concurrently.

Gani also said rape and incest cases were now handled by DPPs, not police prosecuting officers, except in exceptional cases where the accused person had indicated that he would plead guilty.

However, he said he had now directed that only experienced DPPs be allowed to prosecute these cases.

Rape is punishable under section 376 of the Penal Code by a jail term of at least five years, and up to 20 years, with whipping.

Last year, the Penal Code was amended to include section 376A to make incest an offence punishable by a minimum of six years' jail and up to 20 years, and whipping.

This section has not been brought into force.

It is learnt that it has been held back by measures to streamline the Child Act and related amendments to the Penal Code. All these provisions are required to be enforced at the same time.

Section 376A defines incest as sexual intercourse with a person whom he/she is not permitted to marry under law, religion, custom or usage applicable to them.

However, it shall be a defence to a charge if the person was unaware of the relationship, or that he/she was forced to have sexual intercourse. A girl under 16 and boy under 13 are deemed to be incapable of giving consent.

It has been reported that there were 1,369 incest cases reported over the last four years, with 71 per cent of the victims being Malay children under the age of 16.

Ninety-eight were Indians, 48 Chinese and 243 of other races.

Most of the rapists were the biological fathers, followed by step-fathers, uncles, brothers-in-law and biological brothers. There were also cases involving cousins, adoptive fathers, grandfathers and fathersin-law.

Source: The New Straits Times Online, Malaysia. Thursday, April 18, 2002.

Brothers arrested over rape of sister

By Hamidah Atan news@nstp.com.my

KUALA PILAH, April 15. — Police arrested two brothers, aged 16 and 17 years, after they were alleged to have raped their sister, 13, since two years ago.

The girl, who is still schooling, gave birth prematurely at the Kuala Pilah Hospital on Saturday.

The condition of both mother and daughter was reported to be stable although the baby has been placed in an incubator.

Police said the brothers, one of whom is a student at a secondary school in Juasseh, were detained a few hours after the girl gave birth.

State Criminal Investigation Department deputy chief Superintendent Ab Razak Ab Ghani confirmed the arrests.

The last time the girl, the third, in the family, was raped was in October last year. Police believe the boys took turns to rape the girl on numerous occasions.

"The girl complained of stomach pains to her parents on Saturday morning. She was immediately sent to the hospital where she gave birth," Ab Razak said.

Her parents were shocked when a doctor said the girl was pregnant and that she was about to give birth.

The parents immediately lodged a report at the hospital's police beat base. This led to the arrests of the boys at their parents' house in Juasseh.

The two are being detained under section 117 of the Penal Code.

Police are investigating the case under section 376 of the Penal Code which carries a maximum 20 years' jail and whipping for the offence.

Prime Minister Datuk Seri Dr Mahathir Mohamad has joined the calls for harsher penalties for those who commit incest and sexual crimes.

Puteri Umno yesterday submitted a memorandum to the Prime Minister, calling for harsher punishment for sex offenders.

Source: The New Straits Times Online, Malaysia. Thursday, April 18, 2002.

>Man jailed 12 years for raping daughter

By R. Murali rmurali@nstp.com.my

KUALA PILAH, April 15. — A 41-year-old construction worker was sentenced by the Sessions Court today to 12 years' jail and ordered to be given 12 strokes of the rotan after he pleaded guilty to two counts of raping his 12year-old daughter.

Judge Harminder Singh Dhaliwal told Shari Mohd Shariff he had committed a despicable act and failed miserably in his duties as a father.

"Parents should be role models for their children who should be guided and not be taken for a ride. You have breached her trust." Harminder said another aggravating factor was the daughter's young age.

"Your plea has spared the victim of recounting her ordeal in court. However, the court has to consider public opinion in sentencing." Shari pleaded guilty to raping his daughter at 251 Block L, Felda Serting Tiga, Air Hitam, between noon and 7pm on June 31 last year and again between 5.30pm and 6.30pm on Aug 3 last year.

Harminder sentenced him to 12 years' jail on the first charge and another 12 years' jail on the second, the jail terms to run concurrently.

He was also ordered to receive six strokes of the rotan for each offence.

The facts stated that Shari started molesting his daughter since she was 11 years old.

On Aug 3, the girl went to her aunt's house after she was raped again by Shari.

She lodged a police report on Aug 10 and was taken to Kuala Pilah hospital for medical examination.

Prosecuting officer Assistant Superintendent Mazupi Abd Rahman asked for a deterrent sentence. "The sentence should be a lesson not only to the accused but also to others with similar intent," he said.

In mitigation, Shari said he had eight children and his wife was unemployed.

Source: The New Straits Times Online, Malaysia. Thursday, April 18, 2002.

KUALA PILAH

Two brothers charged with raping sister remanded for another week

by R. Murali
rmurali@nstp.com.my

The Sessions Court today ordered the two brothers, aged 16 and 17 years, who were alleged to have raped their 13-year-old sister for the past two years, be remanded for another one week.

Insp Zakiah Aisya Zainal Abidin made the application before Judge Harminder Singh Dhaliwal in chambers.

The brothers arrived in a police jeep about 9.30am and were led out of the court at 11.30am.

They were initially remanded for three days to assist police in their investigations.

The girl, who is still schooling, gave birth prematurely at the Kuala Pilah Hospital on Saturday.

The condition of both mother and child is reported to be stable.

The last time the girl, the third in the family, was raped was in October last year.

Police believe the boys took turns to rape the girl on numerous occasions.

The girl complained of stomach pains to her parents on Saturday morning. She was immediately sent to the hospital where she gave birth.

Her parents were shocked when a doctor said the girl was pregnant and that she was about to give birth.

The parents immediately lodged a report at the hopital's police beat base. T KUALA PILAH, Tues. - The Sessions Court today ordered the two brothers, aged 16 and 17 years, who were alleged to have raped their 13-year-old sister for the past two years, be remanded for another one week.

Insp Zakiah Aisya Zainal Abidin made the application before Judge Harminder Singh Dhaliwal in chambers.

The brothers arrived in a police jeep about 9.30am and were led out of the court at 11.30am.

They were initially remanded for three days to assist police in their investigations.

The girl, who is still schooling, gave birth prematurely at the Kuala Pilah Hospital on Saturday.

The condition of both mother and child is reported to be stable.

The last time the girl, the third in the family, was raped was in October last year.

Police believe the boys took turns to rape the girl on numerous occasions.

The girl complained of stomach pains to her parents on Saturday morning. She was immediately sent to the hospital where she gave birth.

Her parents were shocked when a doctor said the girl was pregnant and that she was about to give birth.

The parents immediately lodged a report at the hopital's police beat base.

Source: The New Straits Times Online, Malaysia. Thursday, April 18, 2002.

KOTA BARU

Man pleads guilty to three charges of raping teen daughter

by Sulaiman Jaafar
news@nstp.com.my

A 46-year-old father pleaded guilty at the Sessions Court today to three charges of raping his daughter at their house at Jalan Bawah Lembah, Kampung Sireh, here from December last year.

Mohd. Apandi Abdullah, a newspaper vendor, pleaded guilty to raping his daughter, then aged 14 years 10 months at their house in December, about 3pm on a day in March, and about 4pm one day this month.

Judge Azman Abdullah fixed sentence on May 2 and allowed bail of RM20,000 with one surety on each charge.

Deputy Public Prosecutor Othman Yusof appeared for the prosecution while Mohd. Apandi was unrepresented.

Source: The New Straits Times Online, Malaysia. Thursday, April 18, 2002.

SEREMBAN

Help students who may be victims of rape, incest: MB

by Sanjivan Rajenthiran
news@nstp.com.my

Menteri Besar Tan Sri Mohd Isa Abdul Samad today reminded teachers and headmasters to render full assistance to students who may be victims of rape and incest.

"Most victims are afraid to consult their teachers or family members. In this respect, they (teachers and headmasters) should be more alert and pay attention to students, especially those who seem to be facing problems.

"Any cases (of rape and incest) should be referred to the school administrative board."

Teachers and headmasters must lodge police reports once they received such a complaint because by so doing, prompt action could be taken by the relevant authorities.

Speaking after chairing the State security committee meeting, he also said victims should not hide this matter out of fear as doing so would only give sexual offenders an upperhand to repeat this heinous crime.

Mohd Isa added family members of victims must also lodge immediate police report once they were informed of the matter.

"Don't just sweep it under the carpet or wait for a few years before doing anything.

"This will spare the victims the trauma of having to go through the ordeal again."

He was commenting on the arrests of two brothers, aged 16 and 17 years, who were alleged to have raped their 13-year-old sister at their parents' house in Juasseh since two years ago.

Isa added it was vital for village headmen (penghulu) and village security and development committee members to play their respective role in reducing such crimes.

The girl complained of stomach pains to her parents on Saturday morning. She was immediately sent to the Kuala Pilah Hospital where she gave birth.

Police are investigating the case under section 376 of the Penal Code which carries a maximum 20 years' jail and whipping for the offence.

Source: The New Straits Times Online, Malaysia. Thursday, April 18, 2002.

SHAH ALAM

/Alleged rapist described how he chatted with Sikin

by Rosnazura Idrus
nazura@nstp.com.my

Bus driver Hanafi Mat Hassan said he parked his bus at a dead end road, got up from the driver's seat, sat on a steel railing of the engine, faced the back of the bus and started chatting with a woman passenger by the name of Sikin, the High Court heard today.

Hanafi, 34, said after chatting for about 10 minutes, Sikin, whom he said was his friend, Sikin told him that there were several men with sticks and iron rods in their hands, heading toward the bus.

Then I got up from the railing, stood on the engine box and pulled up my pants and I quickly sat on the driver's seat and drove off to a housing project construction site (in Bukit Tinggi, Klang) to save Sikin and myself, he said.

When I reached the place, I drove the bus to the end of the construction site and made a U-turn, I felt exhausted, he said, adding that at the construction site he met two Indonesian workers and chatted with them.

While they were chatting, he said, Sikin who was in the bus called him and showed him a handphone which she found on the second front seat, which had been vacated by another female passenger who got down at a medical centre, along Jalan Pelabuhan Klang.

Hanafi said this during examination-in-chief by his counsel Sreekant Pillai, when making his defence on the charges of rape and murder of a computer engineer Noor Suzaily Mukhtar, 24.

He is charged with causing the death of Noor Suzaily, on Oct 7, 2000, between 8.50am at Lorong Pegaga, Taman Chi Liung, Klang, and 9.15am at a construction site in Taman Bukit Tinggi, Klang. He is also charge with raping her at the same time and place.

Earlier, Hanafi said he picked up two Malay female passengers at the Klang Bus Station in Kuala Lumpur about 7.55am, on Oct 7, 2000.

He said the two were the only passengers he picked up that morning and he did not pick anymore passengers on the way to Port Klang as the bus started having some problems when reaching the Employees Provident Fund building in Petaling Jaya.

He said he issued a ticket to the first passenger and she later sat on the second front row seat on the left side of the bus.

The second passenger came about two to three minutes later and he asked her whether she wanted a ticket.

I asked because I knew the woman...her name was Sikin, he said, adding that he issued her a ticket after she asked what would happen if a bus inspector came to check her ticket.

He said he stopped the bus in front of a medical centre along Jalan Pelabuhan Klang, and the first passenger got down in a hurry.

After she got down, I drove off while my friend Sikin walked to the front of the bus and stood on the steps, holding on to the railing near the engine box, he said, adding that they chatted on the way.

He said he then asked Sikin to have a drink with him at a Chinese restaurant in Taman Chi Liung.

While manoeuvering the bus at a junction, Hanafi said he almost knock down an Indian boy who was riding a bicycle. He said, through the side mirror, he saw the boy fell down after bumping into a road divider.

Hanafi said they did not have a drink at the restaurant as there was no parking space. He instead suggested to Sikin that they went to 'lepak' somewhere while waiting for a parking space to be available.

He then continued driving until he came to a dead end road.

Hanafi also told the court of how he was beaten and tortured by policemen during interrogation on Oct 10, 2000.

He also said that he led policemen to his rented house in Jalan Meru in Klang, where he showed them the pendant that he found last week.

Hanafi said he also led police to Sikin's working place _ a photostat shop at Jalan Bukit Kemuning.

Hearing before judge Datuk Hishamudin Mohd Yunus continues tomorrow with Deputy Public Prosecutor Mohd Hanafiah Zakaria cross-examining Hanafiah.

Source: The Star Online, Malaysia. Thursday, April 18, 2002

Videos on how to avoid becoming rape victim

MIRI: Schools nationwide will soon be getting specially produced videos that will educate female students on how to avoid becoming victims of violence and sexual crimes such as incest and rape.

The videos, entitled Selamatkan Sekolah, Selamat Pulang (Making Schools Safe, Returning Home Safe), will be produced jointly by the Malaysian Crime Prevention Foundation (MCPF) and the Rotary Club of Kuala Lumpur.

MCPF vice-chairman Datuk Lee Lam Thye said the video would contain valuable information to teach girls the do’s and don’ts to avoid becoming victims of crimes.

“If they are more alert to the signs of sexual crimes, they will be better equipped to protect themselves,” he said yesterday.

Lee said the production and distribution of the videos was a very important move because more girls were becoming victims of sexual crimes.

“This is especially so in places like Kuala Lumpur where sexual violence is on the rise,” he said.

He also said the recent calls by many people, including top leaders, to increase the punishment for incest, was good.

“However, I feel that the mandatory sentence for incest must be minimum of 20 years’ jail and 20 strokes of the rotan. A few years’ jail alone is not enough,” he said.

Lee, who is here for an anti-crime campaign, said in his working paper for the event that there was a disturbing trend which saw a rise in social ills coming in tandem with increasing socio-economic progress.

Society, he said, must not just concede that the increase in criminal activities was part and parcel of progress but should instead go back to the basics and “re-inculcate” values such as filial piety, respect for elders, integrity and responsibility in the younger generation.

He suggested that a massive campaign entitled Values for the Nation be organised jointly by the Government, non-governmental organisations and community bodies to promote positive values among the public.

Source: The Star Online, Malaysia. Thursday, April 18, 2002

Help fight incest, political parties urged

SUBANG JAYA: Puteri Umno has called on all parties, including the opposition, to go all out in efforts to create awareness among the public on the severity of incest.

Its chief Azalina Othman said youth organisations, religious authorities, PAS and Keadilan should work together with the Government to educate the community to prevent such heinous acts.

“If Keadilan and PAS really cared about the situation and victims, they should educate the Malay community, especially through their ceramah sessions.

“We must forget our political differences and co-operate to protect our families and children,” she said.

Azalina was speaking at a press conference after the opening ceremony of The Professional Secretaries’ Conference 2002 at Holiday Villa here yesterday.

Yesterday, Utusan Malaysia reported that 71.2% or 974 of the 1,369 incest victims reported over the last four years were Malays under 16 years old, 98 were Indians, 48 Chinese and 48 were of other races.

Selangor had the highest reports with 190 cases, Johor (179), Sabah (164), Pahang (118), Sarawak (106), Kedah (103), Perak (95), Negri Sembilan (88), Terengganu (80), Kelantan (64), Penang (60), FT of Kuala Lumpur (52) and Perlis (23).

It reported the 380 cases were committed by fathers, stepfathers (249), uncles (231), brother-in-laws (119), brothers (87), cousins (82), relatives (40), foster fathers (35), grandfathers (34), step brothers (249), cousin’s father (19), foster brothers (16), step grand fathers (seven), fathers-in-law (5) brothers (four) and younger step brother (one).

Azalina said victims were usually afraid of speaking up and reporting their suffering to authorities as they fear that it would break up their family or they were threatened by these perpetrators.

“This is the fault of society’s perception on how these victims are treated when they speak up about their experience. We must act positively to change that,” she said, adding that Puteri Umno had launched an educational campaign to tackle the problem.

She said counselling was important for the victims as the ordeal of speaking up would be a traumatic experience for them.

In this respect, she also said the reporting process and treatment of victims should be as comfortable as possible to ensure that the victims were not further traumatised and stigmatised after they have spoken up.

Puteri Umno will be distributing pamphlets to the public on incest and offer contact numbers of the relevant authorities for victims.

Source: The Star Online, Malaysia. Friday, April 19, 2002

Wanita Umno can help victims

KUALA NERANG: Victims of incest or rape can seek help from Wanita Umno to ensure action is taken against culprits.

Wanita Umno executive council member Datuk Maznah Mazlan said there were victims too ashamed to come forward.

“Wanita Umno members can handle problems faced by victims and forward the cases to the proper channels including women’s organisations and the Welfare Department,’’ she said after officiating at Padang Terap Wanita Umno meeting here yesterday.

She said Wanita Umno members had social obligations and should use their skills to help victims.

Maznah, who is also Pahang Wanita Umno chief, said that incest and rape should be curbed to ensure the protection of future generations.

Source: The Star Online, Malaysia. Friday, April 19, 2002

Bail denied for rape accused

BUTTERWORTH: A Sessions Court disallowed bail for a man facing four charges of raping his 13-year-old neighbour after the prosecution asked that bail be denied as ‘‘rape cases are now rampant in the country’’.

In what is believed to be the first such successful application made in the country, senior DPP Roslan Abu Bakar told the court yesterday that all deputy public prosecutors had received instructions from the Attorney-General’s chambers to object to bail for rape cases.

He also said that in this case, the accused was an adult who took advantage of a victim who was below 14-years-old.

In the dock was village hand Sobarudin Zakaria, 22, charged with four counts of raping the student at his rented home in Taman Mutiara, Bukit Mertajam, Seberang Prai Tengah, each night from March 24 to 27.

Rape is punishable under Section 376 of the Penal Code with a jail term of between five and 20 years, and whipping.

Judge Zanol Rashid Hussain asked Sobarudin, whose hometown is Jitra, Kedah, if he could give the court a reason why bail should be allowed.

‘‘Because I did not do it,’’ replied Sobarudin, who was not represented by counsel.

Zanol told him that whether he committed the offence or not was a matter for trial, and again asked him for a reason.

Sobarudin said he wanted to get out and seek the person who lodged the police report against him.

‘‘It is the court’s order that you are not allowed to go and disturb the victim,’’ said Zanol.

When Sobarudin failed to give any other reason, Zanol denied him bail, and fixed May 22 to mention the case.

Source: The Star Online, Malaysia. Saturday, April 20, 2002

Women’s group prefers judgment by discretion

PETALING JAYA: The All Women’s Action Society welcomes the recent emphasis on heavier sentences for incest but disagrees with the proposal for a mandatory minimum jail sentence as it goes against the independence of the judiciary.

Its president, Dr Mary Suma Cardosa, said judges should continue to have the existing privilege of deciding on the suitability of sentences on a case-by-case basis, adding that her organisation advocated creating an awareness of the severity of the act not just within society but also the judiciary.

On the law reforms, she said that there should be an acceptable definition of incest to ensure uniformity within the judiciary in dealing with such cases.

“A dialogue session among lawmakers, government officials and other agencies should be organised immediately and law makers should not rush into amendments which may have adverse effects on victims,” she said in a statement on Thursday.

Dr Cardosa said schools would be a good place to start creating awareness of the issue and called for co-operation between non-government organisations and the Government to fight this crime.

DAP national deputy chairman Karpal Singh said heavier sentences for incest and rape were a push in the right direction, but courts should not be “trigger-happy” in view of the recent publicity given to the high incidence of such cases.

“No doubt, public interest is a predominant consideration in the imposition of sentences in courts, but the facts of each case have to be considered.”

Karpal Singh said although deterrent sentences would be in order after conviction, there was also the need to ensure that there were checks and balances against false accusations.

“There is a dire need for scrupulous and proper investigations to ensure that those convicted and sentenced are guilty as often it is only the word of the victim against the accused and the courts act on the victim’s evidence alone.”

He said there was nothing more unjust than to incarcerate a person for an offence he did not commit.

Source: Utusan Malaysia Online. Sunday, 21 April, 2002.

Pindaan akta: Mangsa dikecuali ke mahkamah

Oleh: TEON EG

KUALA LUMPUR 20 April - Mangsa sumbang mahram tidak perlu memberi keterangan di mahkamah apabila peruntukan baru pembuktian balik dikuatkuasakan menerusi pindaan Akta Keterangan tidak lama lagi.

Sebaliknya, tertuduh yang menghadapi dakwaan melakukan sumbang mahram pula akan dikehendaki membuktikan bahawa mereka tidak bersalah, kata Timbalan Ketua Polis Negara, Tan Sri Jamil Johari.

Beliau berkata, cadangan pembuktian balik itu yang bakal `membebaskan' mangsa daripada memberi keterangan akan dikemukakan kepada Kementerian Dalam Negeri untuk dimasukkan dalam pindaan Akta Keterangan.

``Setakat ini kita baru membuat cadangan supaya mereka yang dituduh melakukan sumbang mahram memberi keterangan di mahkamah bagi membuktikan mereka benar-benar tidak bersalah,'' katanya.

Jamil menyatakan demikian kepada pemberita pada majlis Hari Keluarga Polis Diraja Malaysia di Tasik Perdana di sini hari ini yang dirasmikan oleh Timbalan Menteri Dalam Negeri, Datuk Chor Chee Heung.

Turut hadir pada majlis itu ialah Pengarah Cawangan Khas, Datuk Mohd. Yusof Rahaman dan Pengarah Siasatan Jenayah, Datuk Salleh Mat Som.

Menurut Jamil, peruntukan pembuktian balik dipercayai lebih berkesan kerana mangsa yang sebelum ini terpaksa memberi keterangan secara terperinci mengenai kejadian yang menimpa diri mereka, amat sukar untuk menceritakan semula peristiwa tersebut.

``Banyak kes menunjukkan mangsa amat sukar untuk memberikan keterangan mengenai kejadian itu dan lebih sukar lagi apabila ia melibatkan anak-anak kecil yang tidak tahu apa-apa,'' ujar beliau.

Oleh itu, tegas Jamil, pihaknya membuat cadangan supaya Akta Keterangan dipinda dengan memperuntukkan tertuduh sumbang mahram memberi keterangan untuk membuktikan mereka tidak bersalah. Bagaimanapun, jelas beliau, pembuktian balik hanya melibatkan kes sumbang mahram dan bukan melibatkan kes rogol kategori lain.

Berdasarkan statistik pada tahun 2001, daripada 158 kes sumbang mahram yang dilaporkan, sebanyak 110 kes melibatkan keturunan Melayu, 13 (India), tujuh (Cina) dan 28 kes melibatkan keturunan lain.

Sehingga Mac tahun ini, polis merekodkan 19 kes sumbang mahram di seluruh negara.

Jamil menyeru mana-mana pihak yang berkaitan supaya menjalankan kajian mengenai kejadian sumbang mahram untuk mengetahui faktor sebenar yang menyumbang kepada kelakuan tersebut.

``Kes sumbang mahram, walaupun tidak meningkat, kajian itu diharapkan dapat menyekat kejadian tersebut daripada terus berlaku,'' jelasnya.

Sementara itu, ketika ditanya berhubung pengambilan seramai 23,000 anggota polis baru, Jamil memberitahu, sebahagian besar daripada mereka akan diserap ke Jabatan Narkotik, Jabatan Siasatan Jenayah dan Jenayah Perdagangan.

``Kita menunggu kelulusan Perbendaharaan dan Jabatan Perkhidmatan Awam (JPA) untuk memulakan pengambilan baru,'' jelasnya.

Source: Utusan Malaysia Online. Sunday, 21 April, 2002.

Pelajar disyaki rogol sepupu ditahan

KUALA TERENGGANU 20 April - Polis menahan seorang pelajar dipercayai merogol sepupunya berusia lima tahun di dalam sebuah rumah di Jalan Alor Keladi, Pasir Akar, Jertih, petang Rabu lalu.

Pelajar tingkatan lima di salah sebuah sekolah menengah di daerah Besut itu ditahan pada pukul 10.30 pagi kelmarin ketika polis mengadakan operasi memburunya di sekitar Pekan Jertih.

Ketua Polis Negeri, Senior Asisten Komisioner (SAC 1), Othman Talib ketika mengesahkan berkata, sebelum kejadian mangsa sedang bermain berhampiran rumah kira-kira pukul 6.30 petang.

Beliau berkata, ketika itu pelajar berusia 17 tahun itu yang tinggal bersebelahan dengan rumah mangsa hanya bersendirian di rumah setelah ibunya keluar berniaga.

``Apabila melihat tiada orang, pelajar berkenaan kemudiannya memanggil serta memujuk kanak-kanak perempuan itu supaya naik ke rumah, lalu merogolnya,'' katanya.

Beliau berkata demikian kepada pemberita ketika ditemui pada majlis Hari Terbuka Polis Bersama Masyarakat yang diadakan di Ibu Pejabat Polis Daerah (IPD) Kuala Terengganu, di sini hari ini.

Menurut Othman, ibu mangsa menyedari kejadian itu setelah mendapati anak keenam daripada tujuh beradik itu mengadu sakit pada bahagian kemaluannya ketika ingin membuang air kecil.

Beliau berkata, berikutan kejadian itu, ibu mangsa kemudian membuat laporan polis sebelum dia menghantar anaknya ke Hospital Daerah Besut bagi menjalani pemeriksaan.

``Selepas itu mangsa kemudiannya dipindahkan pula ke Hospital Universiti Sains Malaysia (HUSM), Kubang Kerian, Kelantan bagi mendapat rawatan lanjut.

``Berdasarkan rawatan awal mendapati terdapat tanda-tanda terkoyak pada bahagian kemaluan mangsa,'' ujar beliau.

Menurut Othman, polis terus membuat serbuan ke rumah pelajar berkenaan sebaik menerima laporan daripada ibu mangsa tetapi ketika itu dia tiada di rumah.

Beliau berkata, polis berjaya menahan pelajar itu kira-kira pukul 10.30 pagi kelmarin ketika dia berada di sekitar pekan Jertih.

Katanya, pelajar itu kini ditahan sehingga 28 April ini bagi membolehkan polis menjalankan siasatan mengikut Seksyen 376 Kanun Keseksaan.

Sorce: The Star Online, Malaysia. Sunday, April 21, 2002.

Plan to ease pain of sex abuse victims

By MICHELE LIAN

KUALA LUMPUR: The Government plans to make the process of reporting sexual abuse more child-friendly – an effort which may include sparing the victims from having to recount their ordeal to the various authorities repeatedly.

National Unity and Community Development Minister Datuk Dr Siti Zaharah Sulaiman announced the plan after she launched the Third Child Sexual Abuse Awareness Week 2002 here yesterday.

Dr Siti Zaharah said that the new plan would make reporting sexual abuse a concurrent process, whereby the information given by the victim would be immediately provided to all the various authorities.

“Currently, sexually abused children can lodge reports at police stations, hospitals, the Welfare Department or non-governmental organisations (NGOs). They then have to relate the details of their experience to a string of police personnel, doctors, counsellors and lawyers. This is a long, traumatic process for a child.”

She said the long, gruelling process was one of the factors, apart from a feeling of shame, which discouraged victims from making reports.

“As a result, when they reveal what had happened, it is usually months or years later. Hopefully, this process will be shortened,” Dr Siti Zaharah told reporters, adding that the Government was currently working with various NGOs to formulate the plan.

She urged victims to make reports and gave her assurance that her ministry would provide them with shelter, psychological rehabilitation and counselling.

Dr Siti Zaharah said the Government was also considering punishing those who failed to report sexual abuse to the authorities.

“In many cases, friends or family members may know what has been going on, but do not make a report for fear of shaming the family.”

The failure to report sexual abuse, she said, was a crime, and could soon be punishable under the Child Act 2001.

She also announced that her ministry would be working with Unicef and University Malaya (UM) to conduct a national survey on child sexual abuse in the country.

Unicef Malaysia representative Dr Stephen Simon, who was also at the launch, said the survey aimed at helping the authorities reach an agreement on what constitutes sexual abuse, and how serious the problem is in Malaysia.

“Sexual abuse is a problem that is not unique to Malaysia. Similar surveys have been carried out in other countries, and they have all yielded a common feature – the abuser is usually known and trusted by the victim, and the abuse usually occurs in the home.”

Dr Simon said that the outcome of the survey would help the Government to formulate future policies pertaining to the sexual abuse of children.

He said the survey (which would begin sometime this year) would include a review of records of sexual abuse cases from the police and interviews with schoolchildren, who may or may not have been sexually abused.

Organised by the Malaysian Coalition for the Prevention of Child Sexual Abuse, this year’s Sexual Awareness Week (April 20 to 27) is aimed at educating parents on preventing and dealing with child sexual abuse, and is themed Parents! You have a Role to Play.

For more information on the week’s programmes, call 03-7784 4344/55.

Source: The Star Online, Malaysia. Sunday, April 21, 2002

Police arrest student for rape of four-year-old

KUALA TERENGGANU: Police have arrested a 17-year-old student of a secondary school in Besut, who is believed to have raped a four-and-a-half-year-old girl at his house in Kampung Alor Keladi.

State CPO SAC I Othman Talib said yesterday, the youth was arrested at Jertih town about 10.30am on Thursday after the victim’s mother lodged a police report on Wednesday.

He said police raided the suspect’s house on Wednesday night following the report but the youth had fled.

A search was conducted and the youth was arrested, he told reporters yesterday.

SAC Othman said the housewife made the police report after her daughter, who was the sixth child in a family of seven, complained of pain at her private parts and difficulties in passing motion.

He said the youth was alone at the house when the incident happened as his family members were at a shop in Jertih doing business.

SAC Othman said police had sent the girl to the Jertih hospital before she was transferred to the Universiti Sains Malaysia Hospital in Kubang Kerian, Kelantan, for further treatment.

The Star Online, Malaysia. Monday, April 22, 2002.

Rais: Onus is still on the prosecution

BATU PAHAT: Shifting the burden of proof in incest cases from the prosecution to the accused will not be in line with the universal practice, Minister in the Prime Minister’s Department Datuk Seri Dr Rais Yatim said.

He said that in criminal cases, it was a standard requirement that the prosecution proved the guilt of the accused. “We cannot change this standard,’’ he said after opening the Parit Sulong Umno division meeting here yesterday.

Dr Rais was commenting on Deputy Inspector General of Police Tan Sri Jamil Johari’s statement yesterday that police would propose for those facing incest charges be made to prove their innocence, not the prosecution.

Dr Rais also said that Section 376 (a) of the Penal Code, which touches on rape, would be amended as many people felt that the present sentence of between five and 20 years’ jail as well as whipping was insufficient.

Dr Rais said it was appropriate that certain rape and incest cases be conducted in an open court. “It will serve as a lesson,’’ he said. — Bernama

Utusan Malaysia Online. Tuesday, 23 April, 2002.

Offenders to be caned in public if the government gets people's support

SEPANG April 22 - Datuk Seri Dr Mahathir Mohamad said public canning for incest offenders can be implemented if the government gets the people's support for it.

"We have not caned people in public before. But if the people want it, if everyone gives their mandate to the government, we can (implement it) because these people are not ashamed," he told reporters at the KL International Airport upon returning from a week-long visit to Morocco, Libya and Bahrain today.

The Prime Minister was asked to comment on the suggestion by various groups that incest offenders be caned in public as part of efforts to curtail the problem which had been widely reported lately.

Dr Mahathir said there were Malaysians who were no longer ashamed of committing not only incest but also other crimes such as stealing money including misappropriating funds from the Pilgrims Fund Board (Tabung Haji).

He was disappointed and saddened by the acts of some Muslims who committed incest which showed that their morals had deviated from Islamic teachings.

Harsh penalties did not guarantee that the offence would not be committed, said Dr Mahathir, citing the law on drug dealing as an example.

"Although there are laws providing for the death sentence for those convicted of drug smuggling, there are still people who do it," he said.

The Prime Minister said religious education and dakwah programmes carried out in the country apparently did not emphasise on the aspects of good morals and the question of sinful acts or otherwise was instead confined to politics or certain deeds only.

"Thus, they commit these abhorrant acts because of their shallow understanding of religion," he said.

He said incestous acts could be prevented by instilling good values among members of tke society which suited the prevailing development.

Dr Mahathir was asked whether such problems were aggravated by the distribution of pornographic materials which could also be obtained through the internet.

He said those who sold such materials were immoral people who only knew how to make profits.

"If we don't build a moral barrier to curb the pornographic materials, nothing much can be done by the government," he added.

The Star Online, Malaysia. Tuesday, April 23, 2002.

Public whipping ‘if people want it’

By SA’ODAH ELIAS

SEPANG: The government will consider introducing public whipping for those convicted of incest if it receives full mandate from the people, Prime Minister Datuk Seri Dr Mahathir Mohamad said yesterday.

“We have never had public whippings before but if the people want it and give the government the mandate to carry it out, we may do it because there are too many shameless people in our society,” he told reporters upon his arrive at the Kuala Lumpur International Airport after a week-long official visit to Morocco, Libya and Bahrain.

Dr Mahathir said the government was willing to consider this drastic measure because those who were involved in such activities were brazen.

However, he said, while the government acknowledged the need for stiffer penalties for the offence, it was more concerned with the moral degradation among the people, especially Muslims.

“We can introduce stiffer laws to curb this problem, but I believe that if we cannot build up the moral resistance towards this despicable act and inculcate positive values among our people, it will not help much.

“Look at our law on drugs. We have provisions on death sentence but the drug problem still persists in the country. So I think legislation alone will not be able to arrest this problem unless we address the problem of moral degradation,” he added.

The proposal for whipping for those convicted for incest was made by the Legal Co-ordination Committee in the Prime Minister’s Department and Attorney-General's Chambers recently.

Asked if the Government would also impose stiffer penalties on those involved in peddling pornographic materials which had been attributed to the increase in the number of incest cases, Dr Mahathir said:

“Fortifying the people against negative influences through effective teaching of the religion will be more effective because with the advent of the Internet, no effective law can be introduced to prevent the people from accessing pornographic materials.”

Society, he said, was getting more shameless by day and most had no qualms about getting involved in criminal activities so long as they got what they wanted.

Dr Mahathir also attributed the increase in incest cases to the ineffective ways of teaching the religion in the country.

The Government, he said, had provided all the necessary facilities for religious education, but such classes were sometimes misused to spread political ideology.

“We provide the facilities for them to study religion, but most of the time, instead of learning about moral values, the focus will be on politics.”

In a statement, DAP vice-chairman Karpal Singh said the Government should not impose public whipping on those found guilty of incest.

He said while the Government’s concern for introducing harsher penalties for the offence was understandable, public whipping would be incongruous with the rule of law.

“Public whipping will bring the country into international revulsion,” he said in a statement.

Karpal Singh said no Commonwealth country or a developed country provided for public whipping, which is a step away from public executions.

The Bar Council, in a separate statement, supported the approach taken by Attorney-General Datuk Abdul Gani Patail in directing the prosecutors to push for heavier sentence for rape and incest, including consecutive jail terms.

Its chairman Mah Weng Kwai said the Bar Council advocated that judges be given the liberty to decide on consecutive sentences where the seriousness of the offences demanded as opposed to being forced a blanket mandatory sentence in all cases.

The Star Online, Malaysia. Tuesday, April 23, 2002.

Move to allow video evidence

By SHAILA KOSHY

PETALING JAYA: The Legal Affairs Division is working on amendments to the Evidence Act to allow for video recording of evidence of child victims and witnesses, Minister in the Prime Minister’s Department, Datuk Seri Dr Rais Yatim yesterday.

“My officers went to the United Kingdom in March to study their system. We are working with the Attorney-General’s Chambers and hope to come up with proposals that could be tabled in Parliament in June.

“Logically, the Evidence Act should incorporate the latest techniques in the examination and cross-examination of children, it should be more child friendly.

“There will of course have to be physical changes, for example, equipment for video recording or video conferencing so that the child need not be present in court,” he told The Star when asked whether there had been any progress since the workshop “Collaborative Action Towards the Preparation of Children For Court Proceedings” in October last year.

Dr Tony Butler, who had the national responsibility for child protection matters for 10 years in the UK, conducted the workshop together with two others.

“The workshop was very helpful in identifying the necessary changes we would need to make,” said Dr Rais.

“The video recording of children’s evidence will help immensely with the increasing number of incest cases. The number of children who have been violated is horrendous,” he said, adding it could also be used in cases of domestic violence where a child may be asked to testify against one parent.

“Most children would be dumfounded if asked to testify in court. We need to have congenial surroundings and this would have to be clearly spelt out in the law.

“To make the system foolproof, we have to ensure the standard of video conferencing is inbuilt in it. We may have a pre-trial arrangement where the defence could view the available footage.”

“As for cross-examination, the current adversarial approach will not work with children. So do we put defence counsel in the same room as the child or in another room? These are things to consider,” he added.

On whether a new system would work if there were no improvement in the support services, he said no.

“We can we do our bit on the administration of justice, but we also have to revamp the support services. I do not see the necessary advanced qualifications in the personnel needed for the counselling and guidance programmes.

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