Women and children’s rights NGOs have expressed concern that a senior police officer recently convicted and sentenced to jail for raping a 13-year-old girl may still pose a danger to the victim and other minors, as he is out on bail.

“Granting bail to the accused may potentially put the child survivor at high risk and may potentially expose other children in the community to abuse,” anti-child sexual abuse advocacy group Protect and Save the Children (P.S. The Children) president Che Nariza Hajjar Hashim told Malaysiakini .

According to her, allowing bail for former Setiu OCPD and Sabah anti-vice chief Rohaizat Abdul Ani was “absolutely inappropriate”, given the nature and severity of the offence committed against the child.

The NGO president said there should not have been any leniency by the court in taking punitive action against the abuser, even if he is a ‘first-time offender’ as argued by the defence lawyer.

Any leniency by the court in this case, she stressed, would send a wrong message to the society that it is okay to sexually abuse a child if it is your first time.

Instead of being let out on bail, the alleged rapist should be placed in a rehabilitation programme, suggested Che Nariza.

“Sexual abuse of children should be considered with high level of sensitivity by the courts, given the fact that the level of prosecution of child sex offenders in the country is very low compared to the number of reported cases.”

Che Nariza said since Malaysia is a signatory to the Convention on the Rights of the Child (CRC), all preventive steps should therefore be taken to protect children from all forms of abuse and exploitation.

“Granting bail to the accused does not support Article 19 of the CRC, which is to strengthen the system and judicial mechanism to protect the children from abuse and exploitation,” she pointed out.

The Women’s Aid Organisation (WAO) also believes granting bail to someone convicted of such crimes could endanger other members of society.

“Our justice system needs to consider what is best for the society and practise their due diligence when making such decisions,” WAO’s advocacy officer (law and policy) Lainey Lau said.

And although WAO does not encourage impunity in handing out sentences for crime as the punishment should be rehabilitative, the group believes that the sentence needs to be proportional to the crime committed.

“In this case, we believe that the crimes committed by Rohaizat were very serious and severe penalties are appropriate.

“It has to be made clear to the perpetrator and the society at large that such actions are not viewed lightly by our justice system. This is for the sake of achieving justice to the victim and for the safety of the rest of society,” Lau stressed.

It is more so given that a police officer is supposed to protect society from crime.

WAO therefore stressed the need for careful selection and extensive training for all police personnel to avoid such crimes being committed with impunity.

“We need assurances that this is indeed being done, with a strong emphasis on gender, respect for women and girls, and child rights.

“This is a question that our federal and state authorities would have to address, in order to make sure that police officers cease to misappropriate their powers to cause harm to society,” added Lau.

100-year sentence

Meanwhile, gender rights advocacy group All Women’s Action Society (Awam) shares PS The Children's concern that Rohaizat may still pose a danger to the victim.

Awam president Ho Yock Lin argued that the court should have rejected the bail.

However, she welcomed the 100-year sentence handed out to Rohaizat, as such heavy punishments for sexual predators who prey on children could serve as an effective deterrent.

Nevertheless, such sentences will not solve the root causes of gender inequality, said Ho.

“Public education and gender sensitisation policies and programmes must be institutionalised and started at a young age.

“Supporting agencies such as counselling and welfare units should be extended to the perpetrators and the survivors and their families,” said Ho.

On Wednesday, Rohaizat was sentenced to 100 years in jail and 15 strokes of the rotan for raping and sodomising a 13-year-old girl in 2012.

The 56-year-old father of two was however granted a stay pending his appeal. He was released on a RM100,000 bail with one surety.