YOURSAY | ‘Why are civil court judges not upholding the Federal Constitution?’
MP: Marrying victim shouldn't spare rapist from prosecution
Proarte: Shouldn't statutory rape mean statutory rape? When the law is made arbitrary, then justice is compromised.
If a man robs a bank which clearly is a criminal offence, he still has to be sentenced for committing the crime. The court cannot absolve him of the crime if he chooses to return the stolen money, because it does not alter the fact that he robbed a bank and must be punished. Otherwise, the corollary would be a breakdown of law and order.
There is a clear miscarriage of justice in this case. The civil courts have ignored the crime of statutory rape. Rape is a criminal offence which does not come under the jurisdiction of the syariah courts - this is clearly stipulated in the Federal Constitution. The shariah courts appear to have abetted this criminal act by recognising the marriage.
Sexual intercourse with one's 'wife' is still a crime if she is under-aged as determined by civil law. Why are civil court judges not upholding the Federal Constitution? Malaysia is increasingly becoming a failed state.
Vijay47: Malaysia is truly a strange country where rivers flow backwards even uphill.
We have rapist bowlers being pardoned because they have a bright future in sports ahead of them, a legal generosity I suppose is not available to athletes, cyclists, assorted footballers, and sundry discus throwers.
I'm not sure about cricket bowlers, though. Then we see corruption getting a white coat of paint if part of the bribe is returned to sender.
Other recent judicial gems include making false police reports being no longer a crime if the report is based on assumptions, and the latest, destined to take Le Cordon Bleu, is that marrying a 14-year-old girl after merrily raping her somehow restores her virginity and elevates her husband to a status worthy of supping with saints.
Only in Malaysia, folks, only in Malaysia.
Proarte, you used the example of robbing a bank to wonder whether it was still an offence if the stolen money were returned. Maybe you and I should sit under a tree other than coconut or durian and wonder whether making a false police report is a crime.
According to that beacon of justice the inspector-general of police (IGP), it is not.
Tholu: Statutory rape is a criminal offence. It is a ‘crime against the state’ so to speak.
Unlike in a civil case such as a breach of contract where the contracting parties can withdraw their case from court hearings and settle it outside the courts if they so wish, in a criminal case, it is between the police and the criminal and there is no question of the victim withdrawing the complaint and forgiving the perpetrator.
Would the courts free a murderer even if the family of the murder victim forgives him, unless of course if it is in a court in a country that applies the syariah law even for criminal offences?
P Dev Anand Pillai: It is only the non-Malays who are up in arms. Are the Malays bothered? It affects them the most, so where are they?
There are no child marriages amongst the Chinese and the Indians here. So why are non-Malay politicians and NGOs headed by non-Malays bothered about a problem which the Malays themselves are not bothered to address?
Even if they do, they will be questioned with regard to their Islamic credentials.
Man on rape charge escapes jail after marrying victim, 14
Anonymous #13571680: One can ask a number of questions from this case.
Firstly, has the rule of law broken down in our beloved country. Secondly, does not the crime still stand as the act of rape was before the marriage.
Thirdly, from the point of law, a precedent has been set. Fourthly, one of the purpose of punishment is to deter others from committing the same type of crime in the future.
What is the message we are giving here? God bless our beloved country.
GE14Now!: This sounds just like the RM2.6 billion ‘donation’ scandal - as long as the so-called donation is 'returned', all is well. What utter hypocrisy there is amongst those who call themselves religious.
The marriage came after the girl had been raped (statutorily) and you can bet your boots that divorce will come soon enough so as to end this marriage of convenience. This is an utter outrage made worse by the sheer hypocrisy that accompanies it.
Yap Cs: It is not justice when a person can escape punishment by marrying the victim. There is no point gazetting such laws if it can be contravened like that. Such measures only encourage more rapes.
Richard-D: What says our brave and noble prime minister? Is he too busy to notice the plight and abuse of Malaysian children?
Will anyone in government speak out on this? Of course not, the child is poor. So she has no value to them.
Astounded: Another feather in the cap for Malaysia Boleh. How come no Malaysian leader dare to chide any Malaysian for giving Malaysia a bad name internationally.
The authorities are doing it every day without batting an eyelid.
Donplaypuks: How could the religious authorities sanction the marriage when there was rape? Did someone lie to them or did they wilfully participate in the cover-up?
Foodforthought: We are no longer a nation in disgrace but a failed nation in despair.
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