Kota Kinabalu: A 24-year-old lorry conductor who raped his sister since she was 12 was jailed 15 years and ordered given ten strokes of the cane.
Sessions Court Judge Zaini Fishir handed the sentence to the man who pleaded guilty committing incest against the 15-year and four-month-old girl at 8pm on December 2021 at a worker’s quarters of a shop in Putatan.
The offence under Section 376(3) of the Penal Code carries a jail term of between eight and 30 years, and whipping at least 10 strokes, on conviction.
The court heard that the man had raped the victim who is currently 19 since she was 12.
During mitigation, the man asked for a light sentence and that the sentence to be served from the date of his arrest.
He also told the court that he wished to achieve his ambition as he is still young.
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However, Deputy Public Prosecutor Fazriel Fardiansyah Abdul Kadir urged the court to impose a deterrent sentence which must not only punish the man but also serve as a stern warning to others who may contemplate similar acts.
“There was a strong need for deterrence. A clear and uncompromising message must be sent that such conduct will be met with the full force of the law.
“The court should impose a sentence that reflects the extreme gravity of the offences, the profound harm caused to the victims, and the pressing need for both specific and general deterrence.
“The victim in this case is not stranger, acquaintance, or even distant relations as she is the accused’s own biological sister. The law and indeed society places the highest expectation of protection, care, and moral responsibility upon a sibling relationship. Instead, the accused has grotesquely inverted that role.
He has turned what should have been a safe and protective bond into a source of terror, violation, and lifelong trauma,” Fazriel submitted.
He further said the court should considered the psychological harm inflicted in this case cannot be overstated as the victim is not only deprived of her bodily autonomy, but also her sense of safety within their own home, the very place that should have been their refuge.
Fazriel added that the trauma in such cases is deep-rooted, long-lasting, and often irreversible.
The court heard that the victim lodged a police report against her brother after she could no longer endure being raped by him.
Investigation revealed that the last time the brother had raped the victim was in Dec 2021 and the incident took place when the family members were not around.
On the said day, the brother entered the victim’s room after he just returned home from work and demanded the victim to have sex with him.
The victim refused his demand and that caused the man to act harsh and pushed the victim, who then fell on the mattress.
He threatened to injure their parents as well as to chase her out from the house since the house was the workers’ quarters where he was working.
