KOTA KINABALU: A father of four has been sentenced to 26 years' jail by the Sessions Court here on Wednesday (July 9) after he was found guilty of sexually abusing his two biological children.
His first victim, who is now aged 12, is currently five months pregnant.
Judge Hurman Hussain also ordered the 36-year-old security guard to be canned 15 times after he pleaded guilty to both charges when it was read out against him.
For the first charge, the accused was sentenced to 13 years in prison and 10 strokes of the cane for raping his 12-year-old daughter between January and February 2025, at an unnumbered house in Ranau.
He was charged under Section 376 (3), which provides for a prison sentence of up to 20 years and also caning, if convicted.
For the second charge, the man was sentenced to 10 years in prison and three strokes of the cane for physically assaulting his 11-year-old daughter around 2024, at the same place.
He was charged under Section 14(a) of the Sexual Offences Against Children Act 2017, which provides for a prison sentence of up to 20 years and whipping if convicted.
Due to his relationship with the victim, the man was also jailed for another three years with two strokes of the cane as an additional punishment under Section 16(1) of the same Act, which carries a prison sentence of up to five years and a minimum of two strokes of the cane.
Based on the facts of the case, the incident came to light when a teacher suspected the first victim was pregnant, which eventually led to the victim admitting it.
After learning of the incident, the victim's mother, who is also currently pregnant, lodged a police report against her husband.
Investigation confirmed that both victims were the accused's biological children, and that the first victim had been raped since 2023, while the second victim was a victim of physical sexual abuse.
The accused was arrested on June 17 following the report.
During the appeal, the accused, who was not represented by a lawyer, pleaded for a lighter sentence on the grounds that he had dependents, namely a pregnant wife, four children and his parents.
He also requested that the sentences for both cases run concurrently.
Deputy Public Prosecutor Fazriel Fardiansyah Abdul Kadir requested that the severe sentences be imposed and ordered to run separately for each case.
He said that in this case, the accused, being the biological father of both victims, should have been protecting them, especially since the first victim is a child with a learning disability.
The victim is very dependent on those around her because her ability to defend herself is limited, as is her ability to get help or understand that she has been a victim of sexual misconduct, he added.
“The accused's actions will certainly leave deep emotional and psychological trauma on the victim,” he said.
“The victim is now five months pregnant, and the investigation found that the accused is believed to be the father, given that the victim had no, or almost no, interaction with any other man.
“Therefore, we request that a heavier sentence be imposed on the accused, not only as a lesson to the public and to show that the court views such offences seriously but also as a deterrent to the accused himself from repeating this heinous act,” he said.
