KOTA KINABALU: A 46-year-old man has been sentenced to 21 years in jail after the Sessions Court here found him guilty of raping his 11-year-old stepdaughter.
Judge Elsie Primus also ordered 12 strokes of the cane on the man when handing down the sentence on Friday (June 13) after ruling that the prosecution had proven its case beyond reasonable doubt at the close of the defence.
The offence took place at 1.57pm on Dec 30, 2021, at a house in Inanam.
The man was convicted under Section 376(3) of the Penal Code, which carries a minimum sentence of eight years’ imprisonment and at least 10 strokes of the cane, and up to 30 years in jail.
The court ordered that the jail term begin from the date of conviction. However, his application for a stay of execution was granted.
He was also ordered to undergo three years of police supervision and counselling during his imprisonment.
During the trial, seven prosecution witnesses and four defence witnesses were called.
The accused’s newly appointed lawyer, Nurul Rafeeqa Afdul Mutolip, appealed for a minimum sentence, arguing that this was his first offence, adding that he had apologised to the victim and her family and continued to financially support his wife and stepdaughter.
However, Deputy Public Prosecutor Nurul Shafeerah Mad Iskim urged the court to impose a severe sentence, arguing that the lengthy trial had wasted court time due to irrelevant defence witnesses, delaying the proceedings.
She stressed that although the accused had apologised, the trauma suffered by the victim would remain a lifelong scar.
Nurul Shafeerah added that a strong sentence was necessary as a deterrent and to protect children from sexual crimes, particularly when the perpetrator is in a position of trust or is a family member.
"The law exists to safeguard minors under the age of 16 from sexual exploitation, especially by individuals in positions of authority or with familial ties, which is why Section 376(3) prescribes a minimum jail term of eight years,” she said.
