Wednesday, September 5, 2012

Hiring Now: Angry Mob. Pitchforks and Flaming Torches Required


If you have been living in Malaysia this past month or so, you would know about the rape case against national bowler, Noor Afizal Azizan. You would know that he was convicted of raping a 13-year old girl in 2009. You would also know about the outrage felt by the public when he was bound over for five years on a RM25,000 good behaviour bond. This, even though he was found guilty by the Sessions Court for statutory rape. I'm sure this outrage needs no explaining.

Apparently, the judges (The Court of Appeal's 3-member panel) decided that public interest would not be served as the perpetrator has a bright future as the national bowler. Also, they mentioned that it was consensual sex. Erm, do you understand the term Statutory Rape??

Cue the pitchforks.

Really? This is what our judges do now? Let a rapist roam free on account that he has a bright future? Keeping in mind of course that this is for the public's interest? What bright future would that be, exactly? Having Malaysia represented in international bowling events by a rapist? That's a good one. And what of the victim? The trauma she went through, the pain and suffering? All that counts for nothing now because the person who assaulted her now roams free. Also, how is this good for the public or the country? What message are you sending to the public, to rapists and to victims of rape?

These are my questions. Of course, there are more where those came from but I'm unable to type them all out on the account of my ultimate disbelief at the courts decision.

Following this, a few days ago, another rapist was set free when the courts bound another man for RM25,000 after being found guilty for statutory rape. They cited the same reasons as in the previous case. A bright future, consensual sex, blah, blah, blah.

And so, another rapist roams free.

Cue the burning torches.

Today, this headline caught my eye: Kindie owner in rape case freed.

My first thought was, "What nonsense!". (That's a favourite phrase of mine)

This, in my opinion, is happening because the decision by the Court of Appeals to set Noor Afizal Azizan free has opened a flood gate for rape cases all over Malaysia. Every young adult can now plead the "I have a bright future" case. They can use that argument and any other arguments they may be able to concoct which stems from that single bad decision made by 3 judges. Judges, by the way, who are suppose to uphold the law. They just threw this law out the window, down the drain and threw dung on it. Then burnt it to ashes.

This particular law states that it is illegal to have sexual intercourse with a minor who is under the legal age of consent (in Malaysia it's 16, for both genders). This law was formed to protect minors. Well, that didn't work, did it?

The kindie owner was accused of raping a 4 year old. He was sentenced to 20 years in jail. 4 years later, after hearing his appeal, he is freed. In this case, the judge ruled that there was a lax of physical evidence in proving that the rape actually happened. So, I guess that's fair game.

What ticked me off is this statement from the judge, "We must not forget who is involved in this rape allegation, even if she is an adult, in which woman have a tendency to exaggerate about a sexual act".

Cue angry mob. Carrying pitchforks and torches.

Really? Wow.

"Woman have the tendency to exaggerate about a sexual act."

This is debilitating stuff. Debilitating, as in, "I cannot even form complete sentences to express my outrage at how saturated this judiciary is with idiocy".

I sign off with this: If you are a Law Student in Malaysia right now, I urge you to graduate, pass the bar and please, please, knock some sense into the system. I don't think we're going to survive the 21st century if this keeps up.

For now, I'm holding out hope because, as naive as this is going to sound, I still believe that we're not completely lost yet.

(Forgive me if anything has been quoted out of context or if I've misused certain terms of law. Please let me know and I shall do my best to educate myself and correct the mistakes)

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