PETRA JAYA: The recent sexual assault case in Limbang involving suspected perpetrators who are minors has raised concern over the need to review the Penal Code.
Sarawak Welfare, Community Wellbeing, Women, Family and Childhood Development Minister Datuk Seri Fatimah Abdullah said the present provision stipulated in the Penal Code is under the presumption that children below 13 could not be a rapist.
“Back then, the law (Penal Code) was drafted under the presumption that children below the age of 13 could not commit rape offence.
“That situation, however, has changed considering what is happening now…
“Hence, I believe it will be “very tricky” (for the authorities to handle) the rape case in Limbang which involved a 9-year-old victim and suspected offenders aged 10 and 11,” she told reporters here today.
Fatimah, however, did not mention which Section of the Penal Code to support her argument when she asked to comment on the rape case.
Checks showed that Section 375 of the Penal Code only provided that a “man” is said to commit “rape” who, except in the case hereinafter excepted, has sexual intercourse with a woman under certain circumstances.
“So, I believe it is time to review the law, to look into the mental element, whether the perpetrator did it with an intention to commit rape or out of curiosity,” she said when met at her office in the Baitulmakmur Building here.
The rape case, said Fatimah, was the first ever reported where both the perpetrators and victims are children.
It was reported that the 32-year-old mother of the victim had lodged a report on Sunday after finding her daughter and the two boys in a "compromising position" inside the fertiliser store at a plantation where she worked.
Fatimah said checks showed the two suspects are not schooling since both of them does not have birth certificates.
“According to the report that we submitted to the ministry, the suspected perpetrators are siblings and that they had just moved to the area with their family recently,” she said adding that the mother of the victim is a single mother.
Fatimah also said an inter-agencies lab would be held in November to draw up a strategy to tackle rape cases in the state especially incest and statutory rape.
Among the agencies that would be involved included the police, Prisons Department, Health Department, Education Department non-governmental organisations (NGOs), village security and development committees (JKKKs), elected representatives, politicians as well as religious associations and groups.
“We aim to create awareness among the children by organizing campaign on what's safe-touch and what's not supposed to be done.
“And what should a victim do or contact if it's happened to him or her," she said.