We are appalled that the Court of Appeal had ruled that the charges against an appellant for a rape case in Sarawak were unsound, thus enabling him to walk free although the man had admitted to insertion by his sperm-smeared finger. This verdict is unacceptable to the public at large.

The learned judged might have been sentencing in accordance with the existing laws based on all available information at his disposal but the very core condition for the rule of law must be an acceptable and fair verdict.

We note that at the material time, the victim was under-age at only 15 and sexually assaulted by the appellant on not one but four occasions. By the offence alone, the predator should have been found guilty, what more when the victim was also impregnated and subsequently delivered and the DNA proved that the assailant was the father.

It would appear that the existing law governing sexual offences is incomplete with loopholes whereby non-penile penetration is not considered as rape whereas in reality, the victim will suffer the same ordeal and mental torture, be it penetration by any external or foreign object besides the male organ. Such loopholes have enabled wrongdoers to escape from the long arms of the law and cruelly denied due justice to the victim.

Such judgment also sets a dangerous precedence which contradicts the spirit of law on statutory rape which protects minor children under the age of 16 from being sexually abused.

We therefore urge the government to restudy the said law and make necessary rectifications so that our minor children are better protected. In the meantime, we want the original judgment from the high court to be upheld wherein the accused was looking at a 42-year term of imprisonment, 11 strokes of the rotan and a fine of RM40,000. This will serve as an effective and meaningful lesson to him and other would-be paedophiles.   

SENATOR CHONG SIN WOON is MCA Youth national chairperson.