JOHOR BARU: A security guard has been sentenced to 10 years in prison and five strokes of the cane by the Sessions Court here after pleading guilty to raping a disabled woman.
Judge Madihah Zainol handed down the sentence on Friday (March 27) to R. Sivanesan, 39, and ordered the accused to undergo counselling throughout his imprisonment and to be under police supervision after serving his sentence.
The man was charged with raping a 29-year-old woman whom he knew had physical disabilities involving hearing, speech and learning disabilities in Skudai, in the Iskandar Puteri district at 11.50pm on Jan 30.
The charge was brought under Section 376(2)(K) of the Penal Code, which provides for a prison sentence of not less than 10 years and not more than 30 years and caning.
Deputy Public Prosecutor Nor Fadilah Johanuddin requested the court to impose a proportionate sentence on the grounds that the accused had taken advantage of the disabled victim.
"In addition, the defence informed that the accused is HIV positive. The act put the victim at risk of contracting a sexually transmitted disease," he said.
Lawyer Omar Kutty Abdul Aziz, who represented Sivanesan, appealed for a lighter sentence because his client has HIV and leukaemia which requires ongoing treatment, and this is his first offence. – Bernama
