Friday, November 7, 2008

I thought So...

I have seen that coming. Tsk tsk..
The shadow is just too big....

These are what I don't understand.

"He said police viewed such allegations seriously, adding that Sarawak police had investigated 10 reports of rape lodged in the Baram district over the years. The rapes also involved several other tribes.

“In the 10 cases investigated, five cases were brought before the courts. We will investigate all cases,’’ he said."

Is that not evident enough? Why don't we highlight these cases. I understand that some of the victims would like to put it behind their back, but they still can remain anonymous..

"When told by a local reporter that Penans considered it rape only when the man refused to marry the woman after she gave birth even though she consented to having sex, Musa said the matter should then be settled by tribal laws.

“However, if they lodged reports with us we will investigate the matter,” said Musa.

Since when the tribal law supersedes the basic Human Rights and Malaysian Court Law? The girls are underage. It's statutory rape, you genius.
And besides, please please be more proactive. Let the Penan know that the statutory rape, IS an offense.

"The phrase statutory rape is a term used in some legal jurisdictions to describe consensual sexual relations that take place when an individual (regardless of gender) has sexual relations with an individual not old enough to legally consent to the behavior.[1]"

Source : Wikipedia

There are some international cases where these happens, it is not just about the individual, but the company also being dragged down to the court. But maybe not Malaysia eh..

So now, what? Tutup buku?

Further reading : Police find no proof of rape of Penan women, The Star 07th November 2008


cdason said...

Biasalah.. the 'Royal' Malaysia Police....

They should really look into this matter. It's really shameful!!

If they do not do anything, more and more would prefer to remain silent over the issue.

Sumuk said...

looks like half-hearted attemp there..

One Other ... said...

Stupid... it's just stupid. if these happens to their sisters and daughters, i can bet they'd throw down the next PM just to see justice done. but just because these people are in the rural, who by far still adher to tribal law (eh... NO SUCH THING PEOPLE!), and no one comes forth with the fear of humiliation and costly etc etc... they just leave it alone without even fighting for it. Stupid...

Sumuk said...

One Other:
same sentiment here. maybe need KJ to say something about it eh.

correct me if i am wrong.. but apart from Malaysia common law, there is such thing as Undang-Undang Adat for Borneo. For tribes (or native) also will have their Native laws, which the judge normally is held by a Tua Kampung/Penghulu/Pegawai Daerah etc. They have the power to call/judge on the small native cases concerning thing such as neighbor/village disputes e.g harvest, NCR land (before being brought to higher court), spouse/marriage etc. Their judgement is valid, or otherwise overule by higher court when the cases is referred further. Maybe we can do further reading on that? :)

The point is, rape does not fall under Tribal/Native law, but it is a criminal offense and should be brought to High Court. And it also involved companies/organisation when it was a known fact but they turn their blind eyes towards the complaints/issues.

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