Sex with minor is rape, says judge
By CECIL FUNG
PETALING JAYA: A driver who had sex with his 15-year-old girlfriend was told by a Sessions Court judge that the act was considered rape even if the girl had been a willing partner.
“You must think first before doing anything because this girl is underage,” said judge Nurmala Salim.
“Even if it was consensual, it’s considered rape. If you want to have a schoolkid for a girlfriend, you must be aware of these things,” she told the 23-year-old man who claimed trial to committing the offence at a house in Kota Damansara on Aug 1 last year.
Sex with a girl under 16 is defined as rape under Section 375 of the Penal Code.
When the man arrived at the courthouse in a police van yesterday, his girlfriend began to cry upon seeing him, and sobbed throughout the court proceedings.
Deputy Public Prosecutor Nahra Dollah urged the court to deny bail on the grounds that the man may have physical contact with the girl if he is out.
The driver appealed for bail, saying that he had to support his unemployed parents. He urged the court to set bail at RM1,000 and when that was rejected, he raised the amount to RM2,000, which was also turned down.
“If this is a small case in the magistrate’s court, that amount can be considered. But this is the Sessions court and the minimum amount is RM10,000,” said the judge.
When Nurmala asked for the bailor, the driver’s father stood up and said he could only afford RM300 as he was not working. “I’m sorry, I really cannot allow that,” Nurmala said before setting bail at RM8,000 on the condition that the accused was not allowed to meet or harass the victim.
At press time, the driver had yet to post bail. The case will be mentioned again on March 13.
By CECIL FUNG
PETALING JAYA: A driver who had sex with his 15-year-old girlfriend was told by a Sessions Court judge that the act was considered rape even if the girl had been a willing partner.
“You must think first before doing anything because this girl is underage,” said judge Nurmala Salim.
“Even if it was consensual, it’s considered rape. If you want to have a schoolkid for a girlfriend, you must be aware of these things,” she told the 23-year-old man who claimed trial to committing the offence at a house in Kota Damansara on Aug 1 last year.
Sex with a girl under 16 is defined as rape under Section 375 of the Penal Code.
When the man arrived at the courthouse in a police van yesterday, his girlfriend began to cry upon seeing him, and sobbed throughout the court proceedings.
Deputy Public Prosecutor Nahra Dollah urged the court to deny bail on the grounds that the man may have physical contact with the girl if he is out.
The driver appealed for bail, saying that he had to support his unemployed parents. He urged the court to set bail at RM1,000 and when that was rejected, he raised the amount to RM2,000, which was also turned down.
“If this is a small case in the magistrate’s court, that amount can be considered. But this is the Sessions court and the minimum amount is RM10,000,” said the judge.
When Nurmala asked for the bailor, the driver’s father stood up and said he could only afford RM300 as he was not working. “I’m sorry, I really cannot allow that,” Nurmala said before setting bail at RM8,000 on the condition that the accused was not allowed to meet or harass the victim.
At press time, the driver had yet to post bail. The case will be mentioned again on March 13.
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