KOTA KINABALU: A Timorese man was sentenced to 10 years’ imprisonment and two strokes of the rotan by the Sessions Court here for raping a 15-year-old girl he befriended on TikTok.
Sessions Court Judge Monica Linsua handed down the sentence on Thursday (Feb 26) after Rafinus Bata Tukan, 30, pleaded guilty to the charge.
The court ordered that the sentence run from the date of his arrest on Dec 19 last year and that he be referred to the Immigration Department upon completion of his jail term.
According to the facts of the case, the girl’s father lodged a police report on Dec 7, 2025 after his daughter went missing.
Investigations revealed that the teenager had left home on Dec 6 with the accused on a motorcycle after getting to know him for about a month through the social media platform.
The victim later informed her father that she had been raped at about 7pm on Dec 7 at the accused’s rented room in Inanam. A medical examination corroborated her account.
Rafinus was charged under Section 376(2)(d) of the Penal Code, which provides for imprisonment of between 10 and 30 years and whipping upon conviction.
Deputy Public Prosecutor Nurul Shaferrah Mad Iskim urged the court to impose a deterrent sentence, stressing that rape is a serious offence and that the victim was below the age of consent at the time of the incident.
The court subsequently imposed the 10-year jail term and two strokes of the cane.
The case has once again drawn attention to concerns over online safety and the risks faced by minors on social media platforms.
The government has introduced the Online Safety Act (ONSA) to regulate the use of digital platforms, particularly in safeguarding children and ensuring greater accountability among service providers.
Among others, ONSA empowers regulators to require platforms to take reasonable steps to prevent online grooming, exploitation and the spread of harmful content.
In line with these concerns, the government has also announced plans to prohibit Malaysians under the age of 16 from opening social media accounts beginning 2026, as part of efforts to minimise exposure to digital threats, including sexual predators and inappropriate content.
Observers note that without a strictly enforced minimum age requirement, teenagers remain vulnerable to communicating with unknown adults online.
Under existing laws, sexual relations with individuals below the age of consent constitute an offence under the Penal Code, regardless of consent.
Globally, several countries are also reviewing or tightening age restrictions for social media use amid growing concerns over child safety in the digital space.
