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Bunya Jalong, 60, acquitted by the Court of Appeal of raping a teenager.
https://www.malaysiakini.com/news/298467
Bunya Jalong, 60, walked free on Thursday after the Court of Appeal found his four rape convictions unsound.
He was convicted in 2013 of raping a 15-year-old girl in May, June, July and August 2011 in a hotel in Sibu. The victim became pregnant and gave birth to a child at Sibu Hospital on Feb 5, 2012.
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3 April 2017
malaysiakini.comVerified account @malaysiakini 1 hour ago
#PARLIAMENT Gov’t expands definition of sexual offences
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PARLIAMENT | Putrajaya has sought amendments to the Penal Code to expand the definition of sexual offences, which was currently limited to penile penetration.
Under the proposed amendments to Section 377CA, the use of any other body parts by a perpetraitor (sic) of a sexual assault can now face prosecution.
“If there is a case for any offence involving sexual connection by object under Section 377CA, involving any part of the body, such as finger and tongue, prosecution can be instituted under the same section of Penal Code,” read the explanatory notes for the bill.
Putrajaya contends that the amendments was in line with a Court of Appeal ruling (Shafiee Awang vs PP) where it was decided that the “finger” was included in the definition of “object” under Section 377CA.
“The proposed amendment is done for the purpose of clarification,” read the explanatory notes.
The bill to amendment Section 377CA of the Penal Code was tabled today by de facto Law Minister Azalina Othman Said.
In 2015, there was public outcry over the acquital of “finger rapist” Bunya Jalong, who was accused of impregnating a 15-year-old girl.
Penile penetration could not be established, although the accused admitted to penetrating the girl with his finger.
https://www.malaysiakini.com/news/377858
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Star
Thursday June 11, 2015 MYT 6:07:39 PM
Finger-rape case: Court wants definition of rape reviewed
PUTRAJAYA: The Court of Appeal wants steps to be taken to add to the definition of rape.
Justice Abdul Wahab Patail, who chaired a three-man panel, said this in light of the court’s decision on May 7 to allow 60-year-old Bunya Jalong’s appeal against a Sessions court judgment to convict him of four rape charges against a minor, reasoning that it was unsafe to convict him of the charges.
The two other judges in the panel are Justice Linton Albert and Justice Zakaria Sam.
Currently, the case laws show there must be penile penetration to secure a rape conviction against a sexual offender.
Under the Penal Code, a man commits rape when he has sexual intercourse with a woman against her will and without her consent.
It will also be defined as rape if the victim is under 16 years old, irrespective if the act is done with or without her consent.
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The May 7 decision by the Court of Appeal is unclear on whether the compensation still had to be paid to the victim.
Malay Mail Online
Mum of teen pursuing compensation from ‘finger rapist’
The mother of the teenage girl who was impregnated by the semen-smeared finger of a 61-year-old man, wants the acquitted rapist to pay compensation and maintenance to her daughter, The Star reported today.
The report said that the 51-year-old mother has sought legal help to pursue the RM40,000 compensation awarded by the Sessions Court which convicted Bunya Jalong in 2013.
He was then convicted of four counts of raping the underage girl at a hotel in Sibu in 2011. She was 14 at the time of the incident.
The girl became pregnant and gave birth to a son. DNA test showed Bunya was the biological father of the child.
The English daily report stated that the girl’s mother, a civil servant, also wants to file a suit for monthly maintenance.
“I want to pursue the RM40,000 ordered by the Sessions Court and High Court,” she was quoted as saying at the Stampin PKR service centre in Kuching yesterday.
“I also want Bunya to take responsibility for his actions and pay maintenance for the child.”
The mother also said that she was looking after the three-year-old boy since her daughter, now 18, was still studying.
– See more at: http://www.themalaysianinsider.com/malaysia/article/mum-of-teen-pursuing-compensation-from-finger-rapist#sthash.60LNnfgF.dpuf
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Star
Sunday May 17, 2015 MYT 6:44:06 AM
Bar seeks full grounds of judgment in rape acquittal
KUALA LUMPUR: The Malaysian Bar has requested the Court of Appeal to provide the full grounds of judgment in the case of a 60-year-old man in Sibu who was acquitted of rape.
Bar president Steven Thiru said the Bar would make its decision after studying the judgment.
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Rohani Abdul Karim Statement Of The Acquittal of Bunya Jalong @NajibRazak @NancyShukri @KPWKM @JKMHQ @Dsabyh
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ambri @twitmsian @TopengRakyat
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Free Malaysia Today
KUALA LUMPUR: The ministry for women and family affairs has begun discussions on a proposal for a review of the Penal Code’s provision on rape.
Referring to a recent rape case in which a 60-year-old man was acquitted, despite having pleaded guilty, women’s affairs minister Rohani Abdul Karim said the review would provide greater protection to the child victim.
The ministry had already initiated discussion with the Health Ministry before that case, to propose amendments to the Penal Code relating to the definition of rape.
“The ministry is looking into widening the definition of rape to include the insertion of any object or a part of body not being penis into the vagina.
“We would expedite the (tabling of the) proposed amendments in order to ensure greater protection of young girls in such cases,” she said in a statement today.
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Bernama reported the minister as saying today that “the Ministry would like to record its deepest regret over the issue and urged parents as well as guardians to be more vigilant, to spend quality time to engage and monitor their children in order to avoid unhealthy consequences,” she said.
Rohani said the Child Act allowed the ministry to take sexually-abused children into care, usually where the sexual predator is a parent or guardian or a member of his family, or if the child had been sexually abused from lack of care by a parent or guardian.
“But this was not the case for the recent case involving the teenage girl from Sarawak where the accused was an outsider. This girl was well protected and supported by her family,” she said.
-BERNAMA
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2:45PM May 15, 2015
Lawyer explains acquittal in ‘teen rape’ case
The lawyer, who secured an acquittal for Bunya Jalong, 60, who was accused of raping a teenager, has suggested that the public should not underestimate the “guile and craftiness” of teenagers.
According to Borneo Post today, lawyer Augustine Liom said the alleged victim created a story of a sexual intercourse at a hotel after she could not explain her pregnancy.
Liom outlined four reasons for this, which was considered by the Court of Appeal in granting Bunya’s acquittal.
Firstly, he said the alleged victim’s claim of where four incidents of alleged rape took place – a hotel in Sibu – could not be corroborated, nor was she able to name the hotel.
Secondly, he said the alleged victim’s claim of when the incident took place was inconsistent.
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Third, he said the teenager claimed that she did not report the alleged rape until one month after she had delivered because she did not realise she was pregnant because she continued to have her menses.
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And finally, he said there was also evidence that the alleged victim’s family tried to extort money from his client and lodged a police report only after he refused.
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Liom said he was compelled to speak up on the case in order to present a balanced picture relating to the trial, especially since the judges were unable to explain their decision in detail.
“In fairness to them, they did, before pronouncing their verdict and after a lengthy deliberation, expressed in the hearing of all those in open court, that they found the case very disturbing that a young girl got pregnant through a non-sexual intercourse activity
“But our law being such that sexual intercourse means only penile penetration their hands are tied and they could only leave it to the legislators to effect any amendments to the law if deemed necessary,” he added.
https://www.malaysiakini.com/news/298467
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Malay Mail Online
May 14, 2015
Acquitting man for only putting finger in girl’s vagina sets dangerous precedent, DAP MP says
DAP assistant national publicity secretary and MP for Kulai, Teo Nie Ching said the decision will make convicting rapists more difficult, and called for a review of legislation governing sexual crimes.
“While we cannot control the decision of the Federal Court in the review, if any, we as lawmakers must do our part to reform and review the laws without any delay.
“I urge Nancy Shukri to engage us in the process of review,” Teo said referring to de facto law minister Nancy Shukri.
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13 May 2015
Malay Mail Online
No review of Sibu underage rape case acquittal, AGC says
KUALA LUMPUR, May 13 ― The Attorney-General’s Chambers (AGC) will not seek a review of a recent decision to acquit a 60-year-old Sibu man of statutory rape charges, saying it has accepted the decision of the Court of Appeal.
Deputy Solicitor-General (I) Datuk Tun Abd Majid Tun Hamzah said in a report by English daily The Star that the case has run its course ending at the appellate court, hence “there is no further appeal”.
“The AGC has maintained the policy of not filing a review,” he said.
Last Thursday, a three-member Court of Appeal panel presiding in Kuching released Bunya Jalong of four charges of rape allegedly committed in 2011, ruling that it was unsafe to convict Bunya of the charges.
His charge sheet claimed that he had raped a 15-year-old girl between May and August that year, leading to the victim becoming pregnant and later giving birth in the Sibu Hospital on February 5, 2012.
A DNA test confirmed that Bunya is the biological father of the child.
– See more at: http://www.themalaymailonline.com/malaysia/article/no-review-of-sibu-underage-rape-case-acquittal-agc-says#sthash.o7L73xua.dpuf
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Man Escapes Rape Charges Of A Minor Who Conceived His Child Because He Used His Finger http://bit.ly/fingernorape
AGC rejects appeal to review finger rapist’s acquittal from underage rape charges http://bit.ly/fingernorape
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