Kota Kinabalu: A 32-year-old man whose wife will give birth to their first child this month, was jailed three years and ordered to get a stroke of the cane for committing physical sexual harassment against his stepdaughter.
Sessions Court Judge Noor Hafizah Mohd Salim meted out the sentence to the man, after ruling that the prosecution had proven its case beyond reasonable doubt against him on Friday.
The man, who worked in the offshore field, was found guilty of committing the offence against the 11-years and three-month-old girl by sucking her breasts for sexual purpose.
The offence took place at 8am in January 2022 at a dining room of an apartment in Penampang.
The offence under Section 14 (a) of the Sexual Offences Against Children Act 2017, punishable under Section 14 of the same Act, carries a jail term of 20 years, and whipping, upon conviction.
The court granted the man’s application to stay execution of the sentence pending appeal to the High Court but imposed a new bail of RM10,000 in two local sureties.
The man must file the notice of appeal by Monday and failed to do so, his bail would be revoked and to be brought to court.
The court also ordered the man to be placed under police supervision for three years after serving the jail term and to undergo rehabilitation counselling while serving the jail sentence.
In mitigation, counsel Erveana Ansari, who defended the man, asked for a lighter sentence, either a fine or a good behaviour bond, or a fine with a jail term of not more than two months.
She said her client was a first-time offender and urged the court to give him an opportunity to turn over a new leaf and not repeat the offence.
Erveana told the court that the man’s wife is expected to give birth to their first child on Aug 25 this year and that he was the sole breadwinner of the family.
However, Deputy Public Prosecutor Bryan Francis urged the court to impose a heavy sentence on the grounds that it was a serious offence as the victim was 11 years old with special condition which requires special care from her parents.
“Most importantly, the victim is the accused’s own stepdaughter. Rather than fulfilling his duty as stepfather, he abused his positions of trust and privilege by committing this offence against her.
“The victim’s mother testified during cross-examination that the victim was in a critical state and continues to inflict self-harm up to the present day,” he said.
Bryan further submitted that a clear message must be sent to the public that the court would not compromise on sexual offences committed against children.
He said the sentence imposed by the court must reflect public interest and serve as a strong general deterrent.
Six prosecution witnesses and one defence witness testified during the hearing.
