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Published: Tuesday November 20, 2012 MYT 8:54:00 PM
Updated: Tuesday November 20, 2012 MYT 9:53:55 PM

Man gets 12-years jail for consensual sex with underage daughter who gives birth

KUALA LUMPUR: A 54-year-old man pleaded guilty to having sex with his underage daughter but claimed that both of them did not know they were father and daughter until it came to light when the girl got pregnant.

He was sentenced to 12 years prison and seven strokes of the whip by Sessions Court judge Emelia Kaswati Mohamad Khalid who scolded him when he claimed naivety and a lack of religious education as reasons for his crime.

“How can you still be naive at this age? Even without religious education, do you think it is acceptable to rape a teenager,” she asked.

“You are old, at an age where people are going for their Haji, you will now go to prison,” she told the unemployed man, who started weeping when he heard his sentence.

The man, who was unrepresented, admitted he raped the then 13-year-old girl in her bedroom at the PPR Kampung Muhibbah flat on Jalan Puchong, Cheras at 1am in July 2010.

It is learnt that the man and the girl's mother had lived together many years ago and he had left her without realising she was pregnant.

He then went on to marry and divorce another woman after having two children with her.

Two years ago, he came back into the girl's mother's life and they resumed living together but the woman did not reveal that girl was his daughter.

The girl was then 13-years-old and according to the facts of the case, the girl asked her mother and the man to sleep in her room on the same mattress one night.

After some time, the man took off his pants and had sex with her.

In her victim impact statement (VIS) the teen told the court that the sex was consensual and she did not know then that he was her biological father.

A medical check in Aug 2010 confirmed she was pregnant, and she gave birth in April the next year.

When she found out she was pregnant, she told her mother, who instructed her to keep the child and also revealed that the man was her biological father.

When asked by the judge if she was upset when she found out she was pregnant, the teenager said she didn't mind as she felt it was the outcome of a consensual relationship with the man.

The teenager, who wore a red blouse and matching red ribbon appeared unfazed when giving her statement and was even seen smiling.

She told the court that she was moved around different children's homes while she was pregnant and had her daughter sent to a different home after she gave birth.

She added that the taunting she received for being pregnant in a children's home did embarrass and traumatise her.

During sentencing, Judge Emelia said it was the role of parents to protect their children from such predators and told the teenager not to let her daughter make the same mistake she and her mother had made.

Earlier, DPP Ooi Chean Ling revealed that the man had previously been charged with breaking and entering and rape, though he was not convicted of rape in the earlier case.

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