Man gets jail, caning for sexually assaulting stepdaughter
KUCHING: The Sessions Court here yesterday sentenced a 35-year-old man to seven years in prison and two strokes of the rotan after finding him guilty of sexually assaulting his then nine-year-old stepdaughter five years ago.
Judge Jason Juga ordered for the man’s sentence to run from the date of his arrest on Dec 18, 2019.
He also ordered for the stepfather to undergo rehabilitative counselling under Section 26 of Sexual Offences against Children Act (Soaca) 2017 while serving his prison sentence.
The man was also ordered to undergo police supervision under Section 27 of Soaca 2017 for two years after completing his sentence.
The judge made the decision after finding the defence had failed to raise reasonable doubt.
The stepfather was found guilty under Section 377CA of the Penal Code, which provides for a jail term of up to 30 years and caning upon conviction.
Based on the amended charge, he sexually assaulted his stepdaughter by inserting his finger into her private part at a village in Batu Kitang in 2017.
It is understood that the victim told her mother about the incident and the latter subsequently lodged a police report.
In mitigation, the man appealed for leniency as he suffered from a stroke and also had to look after his elderly parents.
However, deputy public prosecutor Nurfadzlin Mahmad Zulhasnan requested for a heavier sentence on the grounds of public interest; the gravity, rampancy, and seriousness of the offence; as well as the trauma experienced by the victim, who is now 14.
The case saw six prosecution and three defence witnesses called to testify.
The man was presented by lawyer Christopher Bada.