Ain's Parents Counter Sues Teacher Accused Of Making Rape Jokes For RM5 Million
The student's father, Saiful Nizam Abdul Wahab, said that they have decided to file the counter-suit for "intentional infliction of emotional stress by insulting her modesty".
By Sadho Ram — 06 Aug 2021, 06:39 PM — Updated almost 3 years ago
The parents of Ain Husniza Saiful Nizam, the 17-year-old secondary school student who has been served a letter of demand for RM1 million by her teacher, are filing a counter-suit against him for RM5 million
According to a report in Free Malaysia Today, Ain's parents have decided to file the counter-suit for "intentional infliction of emotional stress by insulting her modesty".
This comes after the teacher, whom Ain had exposed for allegedly making rape jokes during a physical and health education class in April this year, served the student with the notice for "defamatory statements".
The teacher, who has not been named or identified by Ain, served the notice on 4 August and gave her a week's time to reply, including to settle RM1,000,000 in damages.
Replying today, 6 August, to the teacher's notice, the student's family said they will rely on the defence of fair comment, qualified privilege, and all other defences available in the Defamation Act 1957.
Ain's father, Saiful Nizam Abdul Wahab, shared that the teacher's actions have caused his daughter emotional stress and trauma
While speaking to Free Malaysia Today, the father said that he has instructed his lawyer SN Nair to file a civil suit for intentional infliction of emotional stress and will be claiming RM5 million in compensation.
"We have replied to his RM1 million suit that we are contesting. A formal letter of demand for the RM5 million compensation shall follow," Saiful Nizam was quoted as saying by the portal.
Things took a turn this week when the teacher filed a police report against Ain after the public prosecutor decided to not press charges against him over the allegations that he made rape jokes during class
Sungai Buloh district police chief Supt Shafa'aton Abu Bakar said that her department received a notice of no further action (NFA) against the teacher from the deputy public prosecutor.
Reportedly, there was not enough criminal element to press charges against the teacher.
According to a report in Malaysiakini, a source privy to the case said that while what the teacher said in the case was "insensitive towards the feeling of schoolgirls who were there", it wasn't criminal enough.
Since speaking out against rape culture in Malaysian schools, the 17-year-old has sparked a nationwide debate on sex education.
She has also become a prominent name in the fight to #MakeSchoolASaferPlace in the country that has seen her receiving death as well as rape threats. Read more about it here:
