Kota Kinabalu: A 38-year-old jobless man was ordered to enter his defence on a charge of committing physical sexual harassment against his daughter.
Sessions Court Judge Elsie Primus made the order after ruling that the prosecution had established a prima facie case.
The court set Jan 9 next year for the man’s defence.
The man is accused of committing the offence against the 15-year-old girl by fondling her breasts, touching her private part and back.
The offence allegedly took place at 5.30pm on Jan 27, 2022 at a house in Kudat.
The offence under Section 14(a) of the Sexual Offences Against Children Act 2017 provides for a jail term of up to 20 years, and whipping, on conviction.
Due to the relationship between him and the alleged victim, there is additional punishment under Section 16(1) of the same Act provides for a jail term of up to five years, and whipping at least two strokes, on conviction.
The prosecution had called five witnesses during the hearing.
During the hearing, the man was originally was charged under Section 376(3) for raping the girl but the charge was amended to Section 14(a) of the Sexual Offences Against Children Act 2017.
Deputy Public Prosecutor Tham Pou Jin conducted the prosecution while the man was not represented.
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