Man Who Raped His Daughter Almost Every Night For A Year Sentenced To 480 Years In Prison
A 38-year-old man has been sentenced to 480 years in prison and 18 strokes of the rotan for raping his teenage daughter
The Borneo Post reported today, 19 September, that the man was slapped with a jail sentences of 30 years for each of the 16 offences he was charged with under Section 376A of the Penal Code.
However, the Sessions Court in Sarikei ordered the sentences to run concurrently, so, the rapist will only serve 30 years in prison.
The man will also be whipped twice for each of the first six charges and whipped once for each of the next six charges
Section 376A of the Penal Code defines incest as, "A person is said to commit incest if he or she has sexual intercourse with another person whose relationship to him or her is such that he or she is not permitted, under the law, religion, custom or usage applicable to him or her, to marry that other person."
Punishment for incest:
376B. (1) Whoever commits incest shall be punished with imprisonment for a term of not less than ten years and not more than thirty years, and shall also be liable to whipping.
(2) It shall be a defence to a charge against a person under this section if it is proved -
(a) that he or she did not know that the person with whom he or she had sexual intercourse was a person whose relationship to him or her was such that he or she was not permitted under the law, religion, custom or usage applicable to him or her to marry that person; or
(b) that the act of sexual intercourse was done without his or her consent.
Under the law, a person under the age of 16 (if female) or 13 (if male), shall be deemed as incapable of giving consent.
It was reported that the father-of-four first committed the heinous act on the night of 6 January 2016. The victim was sleeping in the same room as her mother and three other siblings when she was raped by her father.
She told the authorities that her father raped her almost every night from January until December 2016. He continued to rape her on several other occasions this year when the 13-year-old came back home on weekends as she started staying at her school's hostel.
She was raped in July, early and late August and one last time on 5 September this year, before she returned to the hostel.
Her father was arrested on 6 September, after a doctor at the Sarikei Hospital informed the police of an alleged rape case.
The authorities were told that a 13-year-old child (the victim) the doctor examined, had old tears on her hymen and fresh abrasion on her private part, believed to be caused by the penetration of a blunt object. She had told the doctor that she was raped by her dad multiple times in the span of almost two years.