In Malaysia, legal loophole sex with a minor constitutes statutory rape , Abdul Rahim Thamby Chik, was reported to have raped a 15-year-old schoolgirl

TAN SRI ABDUL RAHIM TAMBY CHIK STRESSED THAT HE HAD RAPED A 15-YEAR-OLD SCHOOLGIRL “NATIONAL RESPONSIBILITY” IN THE SEX ACT MACC, have you no regards for the law.? Or is that , as far as you are concerned, politics overrides the legal system. It is very reminiscent of an era of a certain prime minister.! Do your job without fear or favour.! Smack of Gestapo style inquisition.!

BACK IN 1994, THE THEN CHIEF MINISTER OF MALACCA, ABDUL RAHIM THAMBY CHIK, WAS REPORTED TO HAVE RAPED A 15-YEAR-OLD SCHOOLGIRL (UNDER MALAYSIAN LAW, SEX WITH A MINOR CONSTITUTES STATUTORY RAPE). LIM GUAN ENG, CURRENTLY THE CHIEF MINISTER OF PENANG AND THE THEN MP FOR KOTA MELAKA, SPOKE OUT AGAINST THE RAPE OF A MINOR AFTER THE GIRL’S GRANDMOTHER-CUM-GUARDIAN, WHO WAS ALSO LIM’S CONSTITUENT, TURNED TO HIM FOR HELP.
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Ghosts do not die. That is the power of a phantom. You can bury of the cases to the chanting of the prosecutor’s fraudulent funeral rites, but its restless spirit keeps rattling through the haunted house of the UMNO Party’s premier family. The latest rattle, in which the shocking revelations that Prime Minister Najib Razak and his wife Rosmah Mansor were involved in hatching sodomy accusations against Opposition Leader Anwar Ibrahim  Ghani Patail has the chance to go down in his nation’s history as either a colossal waste of a promise, or as the exorcist who rid Malaysia of the ghost of all  the ghost ., the then chief minister of Malacca, Abdul Rahim Thamby Chik, was reported to have raped a 15-year-old schoolgirl (under Malaysian law, sex with a minor constitutes statutory rape). Lim Guan Eng, currently the chief minister of Penang and the then MP for Kota Melaka, spoke out against the rape of a minor after the girl’s  .grandmother-cum-guardian, who was also Lim’s constituent, turned to him for help.

However, far from deserving justice, both Lim and the schoolgirl received their “dues”. Lim was jailed for three years for speaking up against the rape while the girl was given three years “protective custody”. As for Rahim, because of the rape and pending corruption charges, he was forced to resign, after a 12-year stint as Malacca’s chief minister.
But the judiciary saw Rahim escape punishment for a crime committed; this came about after the public prosecutor withdrew the charge citing lack of evidence. The corruption charges against Rahim were also dropped.
The travesty of justice is such that on Feb 28, 1995, Lim was thrown into jail after he was charged under the Sedition Act for prompting “disaffection with the administration of Malaysia”.
On March 17 the same year, he was slapped with another charge under the Printing Presses and Publications Act for “maliciously printing” a pamphlet containing “false information”, specifically that Lim had used the term “imprisoned victim” to describe the schoolgirl who was raped.
As a result of his trying to seek justice for the rape survivor, Lim was barred from holding public office for five years, making him ineligible to contest in the 2004 general election.
As for the underage rape survivor, she was initially detained for 10 years without parental consent. She was subsequently sentenced to three years “protective custody” in a house for “wayward girls”. During Lim’s trial, the girl gave evidence that she had sex with a minister.
With such lecherous politicians in our midst, the safety of girls and women – be they our sisters, daughters, mothers and foreign female workers – is at risk. There is no telling which politician is waiting to sexually assault the girls and women in this country. What is annoying is the fact that the crime is easily dismissed by threatening and buying the silence of the victim.
In Rais’ case, if the rape had never taken place as he claimed, then what made his domestic helper of eight years to suddenly pack her bags and leave for home in Indonesia? If he has been such a kind and generous man as his former domestic helper claimed when retracting her allegation of rape, the question of her quitting her job would not arise. There is no doubt something is amiss here, no matter how much Rais denies it.
In the case of Rahim, he was never convicted and continues to enjoy life while Lim spent three years in jail and the the rape survivor was sentenced to three years in a house for “wayward girls”. What wrong did the girl do to end up in a house for wayward girls while the perpetrator, Rahim, walked a free man? Where was justice when it was desperately needed?
The public editor of the New York Times, Arthur Brisbane, sided with readers whoexpressed outrage over a story in the paper about a brutal gang rape in Texas.
The story, which was published last Tuesday, focused on the rape of an 11-year-old girl by 18 boys and men in Cleveland, Texas. But critics excoriated the Times for, in their view, blaming the girl for the attack.
In a blog post on Friday, Brisbane said he agreed.
“My assessment is that the outrage is understandable,” he wrote. “The story dealt with a hideous crime but addressed concerns about the ruined lives of the perpetrators without acknowledging the obvious: concern for the victim.”
Brisbane pointed to the sections that drew the most ire, where residents were quoted expressing worry about the burden the men will have to carry because of their crimes, and where the girl was described as often “dressed older than her age, wearing makeup and fashions more appropriate to a woman in her 20s.”
“If indeed that is the only sentiment to be found in this community – and I find that very hard to believe – it becomes important to report on that as well by seeking out voices of professional authorities or dissenting community members who will at least address, and not ignore, the plight of the young girl involved,” Brisbane wrote.
The Times initially defended the story in a statement, saying the writer of the article, James C. McKinley, was merely reporting what he had been told. But the paper’s standards editor, Phillip Corbett, seemed to walk back that defense in an interview with Brisbane, saying that the Times “could have done more to provide more context” to stress the fact that the victim was not being blamed.

INVESTIGATION PAPERS ON SOI LEK’S SEX VIDEO TO BE SENT TO AG

 – The investigation papers on the distribution of the sex video involving MCA President Datuk Seri Dr Chua Soi Lek will be submitted to the Attorney-General’s Chambers soon.

Home Minister Datuk Seri Hishammuddin Tun Hussein said Dr Chua lodged a police report after being informed by a colleague on the distribution of envelopes containing two DVDs in several areas in Batu Pahat, Johor, which was intended to smear his image.
Following the report, police conducted an investigation and the investigation papers submitted to the Attorney-General’s Chambers, before the Attorney-General ordered for further investigation, he said in a written reply to a question by Hee Loy Sian (PKR-Petaling Jaya Selatan) in Parliament Tuesday.
Hee wanted to know the rationale Dr Chua was not charged in court.
Hishammuddin said the case was investigated under Section 292/509 of the Penal Code.
In January 2008, Dr Chua resigned from his cabinet post and as MCA vice-president after admitting that the man in the sex video was him.
Attorney-General Tan Sri Mohtar Abdullah, in responding to criticism against his person and his office, has once again displayed his arrogance and bad faith. Adopting the tone and manner of his boss, Dato Seri Dr Mahathir Mohamad, he tries to avoid answering his critics – the latest among whom was Mohamed Ezam Mohamed Noor – by threatening to use the Sedition Act against them. He hopes that this will put a stop to accusations that his office is negligent and impotent.
I repeat my reproach of Mohtar and his office over the practice of both selective and malicious prosecution and for colluding with political conspirators. Mohtar stands out as the most repulsive attorney-general in Malaysian history, one who would pawn principles and the dignity of his office for mere self interest. Indeed, he has reduced the attorney-general’s office to the level of a department subservient to the executive branch of government.(Courtesy of MalaysiakiniTV April 25 2007) An unbelievable spectacle took place in the bizarre murder trial of Mongolian national Altantuya Nonetheless, Judge Mohd Zaki dismissed a bid in July to call Najib as a witness in the trial. Zaki also refused to call Balasubramaniam despite his written declaration, which implicated Najib in the events leading … Read more

Contrary to the shoddy reporting about the matter, article 475 is explicitly intended to deal with cases of abduction involving a minor (under 18) – a crime punishable by 1-5 years imprisonment – where there might exist grounds for marriage as a final solution. For clarity, let’s hypothesis a love-struck 17 and 19 year old couple running away together. Irrespective, by the letter of the law, there’s no compulsion in the marriage and the minor is, by law, always in control of their own fate. The article makes absolutely no reference to rape and falls under “Section 4: Abduction and Non-Representation of Minors”. The crime of rape is dealt with under “Section 6: Crimes Against Morality (Moral Turpitude)” and with regards to the rape of a minor the penal code stipulates that indecent acts perpetrated/attempted without violence over a child (under 18), carry from 2-5 years of imprisonment; whilst indecent acts perpetrated/attempted with violence, carry form 10-20 years of imprisonment. Further, if the indecent act against females cause the loss of virginity, the crime will be punished with 20-30 years of imprisonment. (Articles 484 – 486).How article 475 might apply in, and strictly to, certain cases of alleged statutory rape (intercourse with a minor) would follow an initial investigation into the alleged crime upon which the prosecution might call upon the section 4 article if it were preferable (to all parties) or impossible (lack of evidence) to prosecute under section 6. By the letter of the law, article 475 doesn’t exonerate rapists! If article 475 is being exploited, then that’s an entirely different matter and the government have pledged a review.Beyond its obvious nature, for a broader understanding of statutory rape, consider another hypothetical case wherein a 17 and 19 year old voluntarily engage in illicit relations. The law would still necessitate that the 19 year old be prosecuted for the corruption of a minor (2 years jail time). Alternatively, let’s consider another example wherein an adult party may also be charged with the crime even if they themselves were duped into believing that the minor was of legal age. Does prosecution of the adult alone for their carnal knowledge seem fair?In Morocco the age of consent is set at 18 (tied to wedlock); however, in “justified cases” the marriageable age can be reduced; what case and age is deemed justifiable is matter of debate (“Politics, Philosophy, Culture”, Michel Foucault). Keeping things in perspective, in parts of Europe the age of consent is as low as 15 (France, Denmark, Sweden, Greece), and in other parts, lower (Germany, 14; Italy, 14; Portugal, 14).Premarital sex in Morocco is deemed a repugnant act, punishable by law. Nobody upholding their religion would wed a person known to have voluntarily engaged in such activity. A patriarchally chauvinistic element might have society overlook the males part (unjustifiably), but a female is almost always shunned and labelled; faced by this, a self-fulfilling prophecy is very capable of creating its own reality. There are little moral lessons to learn from the West here; family breakdown, premarital sex and the epidemic outbreak of STIs are widely documented.Forcible rape, however, is an entirely different matter and to reiterate, by the letter of the law, no such rapist could ever be exonerated! Above all, there’s absolutely no basis for such a law in Islam. If there exists a social stigma surrounding rape within a society – and there does within every society (“The Truth about Rape”, by Robert, M.d. Golden, Fred, Ph.D. Peterson) – then, by and large, this matter (a phenomena transcending borders and cultures) falls beyond the reach of law. Take the United States for example, the stigma surrounding the topic has resulted in rape being the most under-reported violent crime, with victims often citing embarrassment, shame and victimization for their silence. Likewise in Muslim societies a victim of rape might often be looked upon as the guilty party. Such stigma arises from the belief that a “good Muslim/Christian/Jewish girl/boy would never have found themselves in such a position” or conversely, by the moral decay within a society that leads members of the community to automatically regard everyone else with skepticism. If such a stigma forces genuine rape victims to make inequitable concessions, then clearly much work needs to be done to alleviate social ignorance.The Ministry of Justice have stated that “the deceased held a consensual sexual relationship” prior to their marriage, and God knows best. Whilst the claim is denied by the parents, and I would urge you give the deceased the benefit of the doubt, the Ministry also stated “the prosecution decided not to open a file” (presumably under section 6) according to the wishes of all parties concerned. In light of these statements, it would appear that the Ministry are alleging that this case was one of statutory rape of a consenting minor. The Ministry maintains that “legal procedures have been respected”, the parents claim otherwise (although the mother of the deceased is claimed to have been thee prime advocate for marriage). Until an investigation brings to light the truth of the matter, I recommend you reserve your judgments. This global media hysteria surrounding this case – conveniently filled with Eurocentric bigotry, Islamophobia and anti-Moroccan jargon – is rather quite questionable considering the amount of disinformation, misconceptions and contradictory reports that it basis itself upon. God is above us all.إن الذين يحبون أن تشيع الفاحشة في الذين آمنوا لهم عذاب أليم في الدنيا والآخرة

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