No Jail Time For Malaysian Rapist Who Married His 14-Year-Old Victim
The court stopped case proceedings after the alleged rapist submitted a marriage certificate.
By Samantha Khor — 04 Aug 2016, 08:00 AM
Last year, Ahmad Syukri Yusuf was charged with two counts of statutory rape. He was alleged to have raped a 14-year-old girl twice at a village in Petra Jaya, Kuching.
According to a Borneo Post Online report dated 4 November 2015, the accused committed the first offence sometime in the middle of October and the second on 16 October.
Under Section 376(1) of the Penal Code, anyone convicted of statutory rape (sexual intercourse with individuals aged 15 and below, regardless of consent) faces a maximum of 30 years' jail and whipping.
However, Ahmad Syukri seems to have evaded conviction - inclusive of impending jail time and whipping - after marrying his underaged victim under Islamic law
According to prosecutor Ahmad Fariz Abdul Hamid, the court ruled that there was no need to continue court proceedings after Ahmad Syukri submitted a marriage certificate last week. The girl had also withdrawn her complaint.
While the minimum age for marriage is 18 under Malaysia's civil laws, Muslim girls under 16 are allowed to get married with consent from a Syariah court. Unfortunately, many take advantage of the system at the cost of the girls' welfare.
Earlier this year, senior judicial director of the Shariah Judiciary Department Mohd Nadzri Abd Rahman acknowledged that there have been cases where fathers marry off their underaged daughters to cover up incestuous rape or to pay off their debts.
Besides suggesting that a separate agency be set up to carefully scrutinise applications, Nadzri also revealed that 10,240 child marriage applications have been made from 2005 to 2015, with the highest applications coming from Sarawak (2,064), Kelantan (1,929) and Terengganu (924).
A KL-based women's rights group also pointed out that it is very common for rapists to marry their underaged victims to cover up their crime, adding that, "Her marriage is basically an extension to rape."
"There is usually a high risk in this kind of cases that these girls will be subject to a lifetime of sexual abuse," said Women's Aid Organisation spokeswoman Tan Heang Lee.
Moreover, accused rapists should be prevented from marrying their victims, said Ann Teo, vice-president of the Kuching-based Sarawak Women for Women Society.
"It sends a message a person will be freed from his charge if he enters into this kind of marriage of convenience with the girl," she added.
Do you think marriage is a justifiable reason to dismiss underage rape cases? Let us know in the comments below!