Kota Kinabalu: A 45-year-old disabled father (deaf) who committed physical sexual harassment against his only child, was jailed a total of 10 years and ordered to get three strokes of the cane.
Sessions Court Judge Hurman Hussain meted out the sentence to the man after he pleaded guilty to the charge against him when it was read by a sign language interpreter on Monday.
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The man was jailed seven year plus two strokes of the cane for committing the offence against his 11-year-old daughter by fondling her breasts and inserting his fingers into her private parts.
The incident occurred in a room of a house in Manggatal at 10 PM, during October 2025.
The offence under Section 14(a) of the Sexual Offences Against Children Act (SOACA) 2017 provides for a jail term of up to 20 years and whipping, on conviction.
Due to his relationship with the girl, the man was given an additional punishment of three years in jail and ordered to receive a flogging as part of the sentence.
The additional punishment under Section 16(2)(a) of the SOACA carries a jail term of up to five years and whipping of at least two strokes.
The court ordered the man to serve the jail sentence consecutively.
During mitigation, the man who unrepresented, asked for leniency saying that he is deaf and that he has one child (the victim) to look after.
However, Deputy Public Prosecutor Fazriel Fardiansyah Abdul Kadir urged the court to impose a longer jail term, arguing that the man should have protected his own child from harm rather than committing sexual abuse against the victim.
He further argued that the child exposed to such behaviour would likely be traumatised and deeply affected by the incident.
The court heard that the incident occurred while the victim was sleeping alone in her room, and she woke up to find her father lying next to her in the bed.
The father then suddenly fondled her breasts and inserted his fingers into the girl’s private parts as well as attempted to be on top of her but the victim then moved her body which resulted in the father moving to his room separated by a wall and with only one door.
The incident came to light when the traumatized victim disclosed it to her teacher, who then accompanied her to file a police report. This led to the father’s arrest, during which he confessed to committing sexual abuse against his only child.
