Man jailed for sexually assaulting stepdaughter

KOTA KINABALU: A man, who earns a living by doing village works, was jailed for seven years and ordered to be given two strokes of the cane by a Sessions Court here on Friday for committing sexual physical assault against his little stepdaughter.

Judge Elsie Primus imposed the sentence on the 39-year-old accused after finding him guilty of a charge under Section 14 (a) of the Sexual Offences Against Children Act 2017, read together with Section 16 (1) of the same Act.

The judge also ordered the accused to be placed under police supervision for three years and to undergo rehabilitative counselling in line with Section 26 of the same Act.

The accused was convicted of touching the victim’s breasts at an unnumbered house in a village in Kota Marudu on April 23, 2021.

She was 12 years old during the incident.

In her reserved decision, the court ruled that the accused had failed to cast doubt on the prosecution’s case.

Previously, the accused was tried for raping his stepdaughter on the same day and at the same place.

The rape charge was under Section 376(3) of the Penal Code which carries a jail term of up to 30 years and whipping, upon conviction.

However, the court had ruled that the prosecution had established a prima facie case. However, the accused was not called upon to enter his defence under the rape charge but under Section 14 (a) of the Sexual Offences Against Children Act 2017, read together with Section 16 (1) of the same Act.

He was the sole defence witness and opted to give sworn evidence.

The accused, who was represented by counsel Nabila Norsahar, was ordered to serve his jail term from the date of his arrest.