Teen rape victim's lawyer wants cops charged

Alan Ling, who is also a senator, said Section 31 of the Child Act 2001 makes it an offence for any person to allow a child under their care to be exposed to abuse, including sexual abuse.

The law provides for a fine of up to RM50,000 or up to 20 years imprisonment or both.

"The police should not only suspend the police officers but arrest them," he said in a statement today. 

The teenager was raped by an underage offender while in police custody at the Miri Central police station in Sarawak last week.

According to a police report she lodged, the girl said she was detained on Jan 8 on suspicion of being involved in illegal gambling activities.

While she was held in a separate cell from the male detainees, the victim said that the doors for the male cells were not locked.

The rapist was charged on Jan 12 for the crime and pleaded guilty.

Yesterday, Inspector-General of Police Abdul Hamid Bador said he intended for everyone involved in the incident to be charged in court but did not elaborate if this included negligent officers.

Two police officers on duty at the time have been suspended.

Sarawak police chief Aidi Ismail said an internal investigation found the closed-circuit television (CCTV) cameras at the Miri lock-up had no recording function.

Meanwhile, Suhakam's commissioner for children Noor Aziah Mohd Awal said she was appalled by the rape which also highlighted the government's lack of mechanisms to protect children in detention.

"While I understand that this case is now under investigation, I am of the view that the police should take serious and immediate actions to address this matter including by reviewing its standard operating procedures for the lock-up and improving its facilities such as the CCTVs to ensure children’s rights are protected.

"The Office of the Children’s Commissioner will continue to follow up on this matter and make the necessary recommendations to ensure the right of the child and their safety are protected," she said.

Noor Aziah added that the incident should not have happened, particularly when the child was under the supervision of law enforcement officers.

"More often than not, when a child comes into conflict with the law, there is a tendency to forget the fact that children are first and foremost victims and fundamental care to protect them is highly necessary," she said.

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