The decision of the cabinet to impose heavier penalty for offenders who commit incestuous rape has been greeted with approval by the Malaysian Bar Council.

Bar Council chairperson Mah Weng Kwai said that the increase in sentence for this category of incest is appropriate for the purpose of reflecting the greater seriousness of the crime.

The decision, Mah said, also includes making a clear distinction of incestuous rape from consensual incest.

"However, the council noted with regret that courts do not have the discretion to impose a lesser sentence in whatever case.

"But by fixing a higher maximum of 30 years, it is noted that courts will retain judicial discretion to impose higher sentence in accordance with the seriousness of the case," he said.

Monitoring rape convicts

On Friday, the cabinet decided to impose a prison term of between 15 and 30 years and a minimum of 10 strokes of the rotan for offenders who commit incestous rape (non-consensual incest).

The minimum sentence for incestous rape is more than doubled compared to the present minimum sentence for incest (consensual), which is six years, and tripled compared to the minimum sentence for rape, which is five years.

The death penalty, which have stirred a myriad of reactions from the public, has not been imposed for incestuous rape (non-consensual incest).

In addition to a higher prison term, the reforms proposed by Minister in the Prime Minister's Department Dr Rais Yatim include the compilation of names of all rape offenders in a Register of Criminal and Undesirable Persons.

Rais also proposed a plan for police to monitor rape convicts and store DNA information in police reports.

While welcoming the proposal, Mah said that the proposed reforms would lead to greater success in prosecuting, preventing the crime and protecting rape and incest victims.

Provide counselling

He added that the cabinet decision should eventually result in adequate punishment for offenders as well as marked decrease in the incidence of such crimes.

"Providing counselling for both victims and offenders will result in a more well-rounded approach to the treatment of such cases rather than purely punitive responses," he added.

In a related development, police figures show that almost three quarters of the 1,354 rape cases reported nationwide last year occurred in 'safe' places at home and within buildings.

The statistics indicated that between January and August last year, 70 percent of rapes happened at home and in public and private buildings, as compared to just 20 percent of cases in secluded and lonely areas.

Figures also show that 84.4 percent of rapes are committed by persons known to the victim, including acquaintances, blood relations and other family members, friends and colleagues.

Only 15.6 percent were carried out by strangers.