KOTA KINABALU: An orphan who sexually assaulted his male cousin was sentenced to seven years imprisonment and two strokes of whipping by the Sessions Court here.
The 32-year-old man was also ordered to undergo counselling during his detention and to be placed under police supervision for three years after completing his sentence.
He pleaded guilty before Judge Elsie Primus to committing the offence against a 9-year-old boy on Nov 17, between 3pm and 6pm in Penampang.ss
The offence under Section 14 (a) of the Sexual Offences Against Children Act 2017 provides for a jail term of up to 20 years and whipping upon conviction.
According to the case facts, the parents came home, saw the victim crying, and learned about the incident. The accused was arrested on Nov 19.
During mitigation, the unrepresented accused urged for leniency, saying he was remorseful and had siblings to look after.
"I am an orphan. I live with this family and have been caring for this boy since he was a child. I am not paid, but they always help me, so I am willing to help them. But I have crossed the line," he said.
In reply, deputy public prosecutor Tham Pou Jin urged for a deterrent sentence due to the seriousness of the offence and considering the family relationship between the accused and the victim.
"The accused was taken care of by the victim's family. While the parents were out working, the accused was entrusted with looking after the victim and his brother. However, the accused has taken advantage of the victim and harassed the victim," she said.