Wednesday, August 29, 2012

Malaysia desperately lack of talent!!

Recently in Malaysia, the boleh (can do) Land, two disturbing courts ruling over statutory rape causes public outcry. While I am no law expert, nor do I intend to challenge the judges' wisdom. I am just as confuse as many of my friends. I am feeling that Malaysia are lacking talents, thus, the judges cannot afford to put "bright" people in jail, otherwise, Malaysia may fail as a nation. It is reported that Malaysia former National Bowler, Noor Afizal, was sentenced by the session court, upheld by the court of appeal, that he be bound by a RM25,000 good behaviour bond. He thus escape jail sentence. Then a few days later, a electrician, named Chuah Guan Jiu, also charged for Statutory Rape also escape jail. He was to be bound over for three years on a RM25,000 good behaviour bond. Look like the first case has lays precedent for future statutory rape cases. First, the defence team need to work toward projecting the young offender has a bright future, and also it is a first time offender. Also ask the offender to show sight of repentant. Proving bright future wasn't too difficult, I think, because, being a FORMER National Youth squad Bowler, Noor Afizal has a bright future. Sorry...I am blur here...He is a former national bowler, if he has a bright future, what is he contributing to the nation now? Is he still a National Bowler? What achievements had he obtain in recent years to prove that he indeed has bright future? Similar question to Mr. Chuah. He was reported to be earning RM30 per day and only recently got a full time job. He too considered to have a bright future? With these standard and comparison, Malaysia should be full of people with "bright" future. What is statutory rape? My layman understanding is that anyone who has sex (inter-course) with a under-age girl (age 16) would considered as statutory rape, even he has the consent of the girl. In these two cases, it is noted that the girls consent to have sex, but why do we need to have this statutory RAPE ruling then? As I understand, this statutory rape thing is for the protection of these under-age girls. They are too young to understand the risks and consequences of having sex, and it is to prevent these sex-thirsty men into coaxing innocent girls. Sentences for statutory rape under Section 376(1) of the Penal Code carries a maximum jail sentence of 20 years and whipping. Just because these young men has "bright" future, they escape jail and whipping. Did we consider the feeling of the girls? Oh....the girls consent to have sex. I wonder how the parents of the girls feel. Statutory Rape does not take into consideration of the girls consent. I believe one important consideration the judges has is the age of the offenders at the time of offend. They are equally young, thus, they escape the jail and whipping punishment. But, is it sending a wrong message to the public? More people hope that the sentence be more harsh, probably 3-6 months jail sentence. Otherwise, why do we need the law for statutory rape? Or it is only applicable to adult men? Would higher Court overturns the judgement and press for at least minimum jail sentences?
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