SIBU: A 44-year-old man was on Tuesday (May 12) sentenced to 20 years’ imprisonment and 10 strokes of the cane by the Kapit Sessions Court for committing rape and sodomy.
When the nature of the two charges were read and explained to Tommy Kuwie Lawu, through an interpreter, he understood and the consequences of pleaded guilty to both charges.
In the first charge, he was sentenced to 10 years’ imprisonment and five strokes of the cane for raping a 12-year-old girl inside the bedroom of a rented house along Jalan Temenggong Sibat Buyong, Kapit in April at about 11am.
The offence punishable under Section 376 (2)(d) of the Penal Code provides for an imprisonment of between 10 years and 30 years’ imprisonment as well as liable to whipping, if convicted.
For the second charge, he was also ordered to serve 10 years’ jail and caned for committing carnal intercourse with the victim on different occasion at the same place.
This offence falls under Section 377C of the Penal Code which upon conviction, provides for an imprisonment of not less than five years and not exceeding 20 years and also whipping.
According to the facts of the case, on April 29 at about 2.30pm, the victim’s mother was contacted by the victim’s teacher to come to the school because her daughter was suffering from stomachache as well as vomiting.
Subsequently, the victim was referred to the hospital for medical attention. A police report was lodged regarding the matter.
Medical report revealed that the victim had been raped and sodomised.
Based on evidence gathered, the accused had committed the two serious offences.
In mitigation, the accused who was unrepresented, pleaded for a lenient sentence to be imposed, saying he has a son aged three and his wife is currently pregnant.
Moreover, he said he also needed to pay his debt and school fees.
However, the prosecution, represented by DPP Cynthia Emmelda Jerry, pressed for a deterrent sentence to be imposed on the accused, taking into consideration the rampancy of the offence, the nature of the offence and the gravity of the offence, most important fact the victim was only 12 years old.
Pointing out that the victim of this case was forced to be victimised by the accused, she said in order to fulfil case gratification of desires which led to a prolong trauma that would not been forgotten on the victim’s life.
“This despicable act has not only victimised the victim but the family member of the victim was also affected by the crime committed by the accused.
“The accused is the victim’s mother boyfriend. The accused has breached the trust given when this crime were committed by him. I pray for the sentences to be run consecutively,” Emmelda added.
In passing sentence, Judge Musyiri Peet carefully considered the entirely of the evidence adduced as well as the submissions of both the prosecution and the accused before deciding on the appropriate sentence.
He asserted that the offences committed by the accused are undeniably serious in nature.
The offences of rape and carnal intercourse against the order of nature involve grave violations against the dignity, bodily integrity, and emotional wellbeing of the victim, he stressed, adding such offences leave long-lasting psychological and emotional trauma upon the victim.
“This Court also takes into account the offences were committed on two separate occasions in April 2026, thereby demonstrating that the acts were not isolated or accidental in nature. The commission of repeated sexual offences is an aggravating factor which this Court cannot ignore.”
