De facto law minister Mohd Nazri Abdul Aziz insisted today that the government will go ahead with an amendment to remove judicial discretion in handing out sentences relating to statutory rape.

"At the end of the day, the buck stops with me. Parents will say that as minister, I am the one with the capacity to protect their children.

NONE "That's why I have no hesitation to go ahead with this amendment," Nazri told journalists at his office in Parliament House this afternoon.

He said this after meeting a coalition of women rights NGOs that tried to convince him not to go ahead with the amendment.

The government plans to amend Section 376 of the Penal Code concerning statutory rape to prevent judges from using Section 294 of the Criminal Procedure Code (CPC) to replace the mandatory five years' jail sentence with a bond for good behaviour.

Brushing aside the NGOs' concern that in cases of teenage sex, young offenders may receive heavy sentences, Nazri said, "...the present Section 376 is to protect young girls, that's it. Full stop."

“So I told them (the NGOs that) if they are saying that they are okay with teenage sex, then (the NGOs) should start to move towards making it a law that teenage sex is okay.

“It’s up to (the NGOs). If they get the support of the public, then we (will) allow the (legalisation of) teenage sex. But at present (Section) 376 does not allow that.”

Nazri also said the government, in principle, has agreed to establish a sentencing committee.

azlan Asked whether the amendment could override judicial powers, Nazri said such powers are already derived from Parliament.

“We (parliamentarians) actually decide ... the judges can have what laws and powers we give to them, (and) we can take away power from (them as well).

“That is something which is not (exclusive to) this country or in the practise of parliamentary democracy (all over) the world.”

Nazri had previously stressed that the amendment would not be in conflict with judicial discretion.

‘ Quick-fix penalty’

Empower representative Honey Tan told a press conference at the Parliament lobby that the amendment is not a good way to punish offenders for statutory rape.

jag suaram hakam join pc on kartika case 300909 honey tan Empower was one of the 39 NGOs which met Nazri today.

“We are not interested in this quick fix. It is not going to resolve the issue. Prevention is more important than cure,” said Tan (right) , a lawyer by profession.

If Nazri is interested in law reform, she said, he should focus on amending Section 295A which now prescribes counselling for sex offenders only when they are in jail.

She also said it is important to train new judges to fully understand the dynamics of issues surrounding rape.

“We have to look at the long term view. Taking away the judges’ discretion is not a long term view.”

She said jail sentences should be imposed on a case-by-case basis.

Nancy Shukri, the BN’s Batang Sadong parliamentarian, who was at the meeting, conceded that the amendment may be deemed a quick fix.

However, she said this is necessary interim move as, on average, four statutory rape cases are reported each day.

NONE The issue arose when national bowler Noor Afizal Azizan (left) was bound over for good behaviour for five years on a RM25,000 bond, for statutory rape. There was a public outcry and criticism of the ruling.

In early August, upholding the lower court’s ruling, Court of Appeal president Raus Md Sharif said in his judgment that said public interest would not be served if Noor Afizal were to be sent to jail as he has a bright future .

On Aug 29, the Penang Sessions Court spared a 22-year-old man a jail sentence in favour of a three-year good behaviour bond, for having raped a 12-year-old girl last year.

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