Sunday May 12, 2013

Reconsider rape case decision, child rights group tells court

PETALING JAYA: A child rights group wants the court to reconsider its decision to allow a 13-year-old to withdraw her rape charge against a man who has agreed to marry her.

Child Rights Coalition Malaysia said this was in violation of the rights of children and sends a negative message to society.

“It is of grave concern that this occurred despite Section 375(g) of the Penal Code (Act 574) which makes sexual intercourse with an underage girl, with or without her consent when she is under 16 years of age, an offence of statutory rape,” said the coalition in a statement.

On May 9, it was reported that a 40-year-old restaurant manager decided to marry a 13-year-old girl he had allegedly raped.

Deputy public prosecutor Ahmad Nazmeen Zulkifli told a Sessions Court in Sabah, the girl withdrew her accusation against the man in a police report on April 18.

The man had allegedly raped the student inside a parked car at a roadside in Inanam, near Kota Kinabalu, at 10am on Feb 18.

Counsel Loretto S. Padua, who represented the manager, told Sessions Court judge Ummu Kalthom Abd Samad that both the accused and the girl are in the process of getting married.

Ahmad Nazmeen said the prosecution has no objection to the case being withdrawn but the man needs to first settle the matter with the Syariah Court.

The coalition in its statement said it was unfortunate that marriage was seen as a “solution for addressing the growing issue of rape.”

It said that through early marriage, the rights of a child victim to health, education and protection are seriously compromised.

“It is also very unfortunate that the age of the child in this case has been overlooked in the process, though it is noted that the child has reportedly shown willingness to marry the accused.”

It stressed that as a nation which has made its commitment at an international level by ratifying the UN Convention on the Rights of the Child, it is more appropriate to ensure strict laws are enacted.

“Where traditional practices are concerned, they must not supersede the rights of the child,” it added.

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