
DAP adviser Lim Guan Eng has called on the Attorney General’s Chambers (AGC) to explain why a rape charge involving a sexual assault survivor was reduced to a lesser offence without her being informed, raising serious concerns about transparency and justice for victims.
The case centres on Loh Wai Mun, a single mother, who has publicly questioned the handling of her case after discovering that the charge against her alleged attacker had been downgraded from rape to assault with intent to outrage modesty. The accused was initially charged under Section 376 of the Penal Code and had claimed trial. However, following a letter of representation from the defence, the AGC accepted a reduced charge under Section 354 of the Penal Code. The accused subsequently pleaded guilty to the lesser offence and paid a court-imposed fine of RM10,000.
In a statement issued on January 14, 2026, Lim said the decision to reduce the charge without prior notice to the survivor had caused deep distress and raised questions about how such cases are managed. He pointed out that Loh had formally written to Attorney-General Tan Sri Mohd Dusuki Mokhtar on January 9, 2026, expressing her anguish and seeking an explanation for the decision.
According to Lim, Loh conveyed that the outcome left her feeling unprotected, marginalised and unheard, despite the severity of the trauma she endured. He stressed that while the Attorney-General holds constitutional discretion over prosecutorial decisions, the circumstances surrounding this case justified a clear and public explanation.
Lim noted that Loh’s willingness to come forward openly, despite the stigma often attached to sexual violence cases, demonstrated remarkable courage. He argued that such bravery should be met with accountability from the authorities, particularly when decisions appear to minimise the gravity of the alleged offence.
The Bagan Member of Parliament addressed his appeal to Minister in the Prime Minister’s Department for Law and Institutional Reform Datuk Seri Azalina Othman Said, urging the government to intervene and ensure clarity is provided. He emphasised that the issue extended beyond legal technicalities and touched on public confidence in the justice system.
Lim further said the government carries both a statutory duty and a moral responsibility to ensure that women feel safe seeking justice and that perpetrators of sexual crimes face punishment proportionate to their actions. He added that survivors deserve to be kept informed at every critical stage of legal proceedings, especially when major decisions affecting their cases are made.
He concluded that a full explanation from the AGC was necessary, not only to address Loh’s pain and trauma, but also to reassure the public that the legal system remains committed to fairness, accountability and the protection of victims’ rights.
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