19-Year-Old Rapes 15-Year-Old GF Twice And Gets Away With Eight Light Strokes Of Rotan
A college student learnt a painful lesson after he was given eight strokes of the rotan in public as punishment for raping a teenager.
By Sadho Ram — 08 Jun 2014, 12:44 PM — Updated over 10 years ago
On Friday, a college student was caned lightly eight times in front of his parents at the Ampang Sessions Court, after pleading guilty to raping his girlfriend in November 2013
Ainur Asyriq Aizamuddin, 19, was whipped with a light rotan (the type for punishing white collar criminals) by two officers from the Kajang Prison before Judge Manira Md Nor. The carrying out of the sentence was also witnessed by several prison officers, a medical doctor, members of the public and the media in the public gallery.
thestar.com.myAinur was seen flinching each time the policeman readied to whip him. The convicted rapist was also heard groaning in pain and appeared to be holding back tears after the fifth strike.
After the caning was over, Manira asked that Ainul Asyriq change his ways. “Those were just light strokes. Normal ones are 10 times worse. I hope you change.”
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Prior to the punishment, Judge Manira expressed hope that the youth would repent and turn over a new leaf
Painful lesson: Ainur leaving the Ampang sessions court with Farhan after being caned.
Image via The Star Online"I hope this caning will teach you a lesson. The offence of rape carries a sentence of up to 20 years jail but after considering your age and background the court decided to settle on light caning and a mandatory reporting order," she said.
On 13 December 2013, Ainur Asyriq was charged with two counts of raping his girlfriend in a house in Ampang Jaya. She was a minor aged 15 years old at the time.
The offences occurred at an apartment in Estana Court, Ukay Bestari, Ampang Jaya, on Nov 19 and Dec 7, 2013. He was charged under Section 376(1) of the Penal Code, which provides for a jail term of up to 20 years and caning.
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On May 14, Manira ordered the accused to undergo a daily four-hour attendance for three months under Section 5(1) of the Offenders Compulsory Attendance Act and a RM6,000 bond with one surety for the first offence.
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For the second offence, she ordered 8 strokes of light caning under Section 293 (1)(c) of the Criminal Procedure Code, which was carried out on Friday.
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In September 2013, Judge Manira had similarly sentenced three youths to public caning after convicting them of armed robbery
While it is an uncommon punishment, the provision under Section 293 of the Criminal Procedure Code allows the court several alternatives to prison, in order to rehabilitate youthful offenders. Section 293(1)(c) in particular gives the court discretion to punish the offender with up to 10 strokes of a light cane or rotan within the court premises.
thestar.com.myMeanwhile, non-government organisations have criticised the whipping of Ainur Asyriq Aizamuddin
Women’s Aid Organisation executive director Ivy Josiah does not discount the possibility that the case was one of “suka sama suka”, which put the judge in an awkward situation and would explain the light sentence given.
Image via netdna-cdn.comWomen’s Aid Organisation (WAO) executive director Ivy Josiah did not discount the possibility that the case was one of “suka sama suka”, which put the judge in an awkward situation and would explain why the light sentence was meted.
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“In our experience when the age gap between the boy and the girl is 5 years or less, more often than not, it is consensual sex. Courts have to exercise discretion in cases where young girls have had sex with boyfriends a few years older than them, When parents make a report, it is automatically defined as statutory rape,” said Josiah, who advocated counselling for both parties if they were indeed boyfriend and girlfriend.
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She said this case was very different from the case in Kelantan, where a 15 year-old girl was raped by 38 males. She said it would have also been different if the defendant was clearly an adult or if there was evidence of deceit.
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“If there was evidence of force, terror, coercion, manipulation, deception or trickery, then this punishment seems odd. It should have been some kind of jail sentence and counselling for both parties,” she said, noting that WAO did not condone corporal or capital punishment.
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