This is one of the rare cases prosecuted in the Malaysian courts and now the perpetrator successfully charged. A survey done by the Women’s Centre for Change showed that only 4% of rape cases were successfully charged in the courts due to various reasons.
(I attended the first day of the court hearing for this case. It was very heart-wrenching to see the family trying to stay strong together for the little victim)
Source: The Star
GEORGE TOWN: A Sessions Court here sentenced a 48-year-old kindergarten director to 20 years in jail and to be whipped 10 times for raping a 4-year-old girl at his kindergarten in 2008.
Judge Sitarun Nisa Abdul Aziz found Ewe Peng Lip guilty of rape, saying that his defence was a bare denial and had failed to raise any reasonable doubt against the prosecution’s case.
Ewe was tried for raping the girl, who is now seven, at the kindergarten in Bukit Dumbar here between 8.10am and noon on a day between January and April in 2008.
The offence under Section 376(2)(e) of the Penal Code carries a jail term of between five and 30 years, and whipping.
In asking for a light sentence, Ewe’s counsel Datuk C.V. Prabhakaransaid Ewe was a first offender, was married with three children, and was assisting his wife to run the kindergarten.
DPP Tan Guat Cheng pressed for a deterrent sentence in the interest of the public, saying that Ewe had taken advantage of the victim who was only four and was attending the kindergarten run by him and his wife.
“The victim suffered from trauma, and was still scared when she was giving her testimony. The court should not compromise when it comes to rape cases, especially statutory rape where the victim was only four,” she said.
After Sitarun Nisa pronounced the sentence, Prabhakaran sought stay of execution pending appeal to the High Court.
Sitarun Nisa granted the application for stay but increased Ewe’s RM10,000 bail to RM20,000 in one surety.
Ewe was also represented by counsel Moke Yee Yow and Low Meng Chua, while the Women’s Centre for Change (WCC) legal officer Karen Lai held a watching brief for the victim and her family.
After the court adjourned, a squabble broke out when Ewe’s wife and sister tried to stop cameramen from taking pictures of Ewe.
There was pushing and shoving, and a shouting match which lasted nearly half an hour from Level 7 of the Bangunan Sri Pinang, where the courtroom is located, to the ground floor of the court premises.