Kota Kinabalu: A 34-year-old security guard, whose wife is currently pregnant, was jailed 26 years plus 15 strokes of the cane for raping his first daughter until she became pregnant as well as committing physical sexual harassment against his second daughter.
Sessions Court Judge Hurman Hussain sent the man to prison after he pleaded guilty to two charges against him on Wednesday.
On the first count, the man was sentenced to 13 years and 10 strokes of the cane for raping the 12-year-old girl between January and February this year at a house in Kundasang, Ranau.
window.googletag = window.googletag || {cmd: []};googletag.cmd.push(function() {googletag.defineSlot('/22826383987/dailyexpress_inline', [1, 1], 'gpt-passback').addService(googletag.pubads());googletag.enableServices();googletag.display('gpt-passback');});The offence under Section 376(3) of the Penal Code carries a jail term of between eight and 30 years and whipping of at least 10 strokes, on conviction.
On the second count, he was jailed another 10 years plus three strokes of the cane for committing sexual abuse against his second daughter aged 11 by rubbing his private parts on the girl’s anus in 2024 at the same place.
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.
The court also imposed another three years’ jail plus two strokes of the cane as additional punishment under Section 16 of SOACA which carries a jail term of up to five years, and at least two strokes of the cane, due to their relationship as father and daughter.
The man was ordered to serve the jail sentence consecutively.
In asking for leniency, the man who was not represented, told the court that he has four children and that his wife is currently pregnant, adding that he also needed to look after his parents.
He requested the jail sentence to be served concurrently from the date of his arrest.
However, Deputy Public Prosecutor Fazriel Fardiansyah Abdul Kadir urged the court to hand down a heavy sentence on the grounds that the man had committed the sexual offences against his daughters.
Fazriel submitted that as a biological father, he should be the one protecting his daughters instead of committing the heinous act against them.
He further said the court should consider the emotional and psychological trauma suffered by the victims, adding that the first daughter is now five months pregnant believed caused by the rape.
The court heard that a teacher of the first daughter had told her mother that the girl was suspected to be pregnant.
The mother then lodged a police report and investigation revealed that the man who was the father of the victims, had raped the first daughter and also rubbed his private parts on the second daughter’s anus.
The rape was also witnessed by the first victim’s siblings.