Legal system must protect child rape victims

THE recent judicial decision in Sarawak has seen another rapist marrying his child victim and being allowed to get away with the sexual abuse in court. Reports carried the distressing account of a 22-year-old man who clearly took advantage of a 14-year-old child but he was let off by the court.

The judge’s decision, according to the report, was that “since the complainant and the victim of the subject matter of this case wish to withdraw the complaint against the accused on the ground that she is now married to him, there is no necessity to proceed further with this case. Therefore, the accused is discharged not amounting to acquittal.”

It is amazing that despite much outcry on previous occasions, our legal system continues to favour the rapist and not the victim.

This decision by our legal system, in ruling in support of a rapist and sex abuser, needs to be reviewed. Our systems cannot continue to fail children.

Under the Penal Code, this girl is under 16 years of age and it is obviously statutory rape for which there is no defence.

The judge would be required by law to rule in favour of the victim and punish this rapist. If withdrawal of a police report makes this difficult, the Child Act could be used.

Under the Child Act, this person is under 18 and was sexually abused. The Child Act is a mandatory reporting system, which means that withdrawing the police report is meaningless.

The police, welfare and health authorities are mandated by law to take action. And the judge can rule in favour of the victim against the perpetrator.

I also wonder who it was that allowed this marriage to take place and solemnised it. That authority also needs to be investigated by the Welfare Department for aiding and abetting sexual abuse.

I hope the Welfare Department will act immediately to rescue this child under the Child Act. She requires urgent and sustained emotional and psychological support and counselling. Her parents are also obviously not supporting her rights and needs.

Often the legal profession suggests that the rest of us are poor at understanding the law. But we know justice and injustice when we see it.

The child in this situation will now have to live with her rapist.

The legal system must regain the respect of the public.

We look to it to protect children, not harm them.