Tenaganita, a women's group working on migrant labour issues, is incandescent with rage over the remarks made by Sessions judge Mohammed Saman Mohd Ramli when he acquitted a police constable on two counts of rape on Monday.

Razali Pilen was found not guilty of the offences, alleged to have taken place at the Hulu Langat district police station in Ampang, Selangor, on Feb 24.

The judge found instead, that there was 'consensual sex' between the constable and two illegal immigrants who were in custody at the time for not having valid travel documents.

In delivering the judgment, Mohammed Saman made several remarks about the complainants, which have since come under fire from several women's groups.

Tenaganita has gone a step further by calling on an appellate court to declare a mistrial, as well as on the police chief to investigate the entire incident.

'Failure to protect'

In a scathing statement, Tenaganita director Irene Fernandez ( photo ) said the (Hulu Langat) police station may now be seen as a "haven for rapists", with protection having been conferred "with the support of the court".

Calling the judge's remarks "most insensitive and gender biased", she said these could be interpreted to mean that the major fault of rape survivors is that they are women, detainees and migrant workers.

"The understanding of the judge that a woman needs to scream, to be brutally injured, to run into the same police station immediately and scream rape to prove rape only shows how little understand this is on rape and sexual assault, the trauma experienced by women and the conditions in which the violent act takes place," she said.

Fernandez pointed out that the two complainants were in police custody "where they should have been protected" whatever the alleged offences for which they had been detained, this was not a licence for rape.

"The (Hulu Langat) police failed to protect the women. There is evidence that Razali had used the women under his custody. He should, in fact, be removed from the police force," she said.

Understanding sexual violence

Fernandez also questioned the judge's observations that the two complainants had delayed reporting the alleged incident for three days and that they had been picked up for holding forged travel documents.

"Don't judges see the issues as being separate and independent [of one another]? The judge co-related the holding of forged documents with the women's credibility [as witnesses]," she said.

She also said any woman in a captive situation would value her life more than anything else, which means she may not scream or resist rape in order to save herself from more harm.

"To interpret such a decision as enjoyment of sex is totally gender insensitive and reflects lack of understanding of sexual violence against women. ... Many detainees succumb to orders from police officers to ensure their safety," Fernandez pointed out.

"Testimonies of male ISA detainees have shown that many had removed their clothes while held in lock-ups. But they did not do it of their own free will, as has been interpreted by the judge [in this trial]."

Urging a review of the court's decision, she also said Chief Justice Mohamed Dzaiddin Abdullah should look into developing gender-sensitisation training for the judiciary especially in relation to gender-based violence.

'Police should act'

Tenaganita said Inspector-General of Police Norian Mai should probe the incident to determine if police investigations into the rape allegation had been scrupulously conducted.

"The IGP should also review conditions in lock-ups in relation to [facilities for] women detainees. Why were there no women officers at the station? If there were, why didn't they stop the [alleged] sexual assault on the complainants?" Fernandez asked.

"If the doors were open [and] cameras were on, why was there no effort to stop the [alleged] violence perpetrated on the women? We want the IGP to suspend, even terminate, Razali Pilen [from service]."

She further said thorough and transparent investigations should be held into the conduct of all the officers involved, and that the findings should be made public.

"The Home Minister must also be made accountable for the growing number of cases of police personnel involved in gender-based violence like rape in lock-ups, detention centres and use of women detainees as sex slaves," she claimed.

"This state of affairs...demands reform within the police force. Unless a process for thorough, transparent and independent investigation is initiated, women will continue to feel insecure and threatened."