And
so it goes…
Different strokes for different folks?
SHE
was 11 when she was molested by her uncle who was then in his 20s.
Jemima
(not her real name) moved to another town shortly after but had been avoiding
any family occasion where she would meet this uncle.
It
was a month ago, 40 years later, that she received a telephone call from this
same uncle. She trembled as the caller identified himself as uncle so and so.
She
broke down and for the first time, related the anger and hurt to someone.
Unthinkable
that Jemima should be carrying the harm done by a person whom she called uncle
for 40 years and undoubtedly, beyond?
Yes,
considering that Jemima has a family, a career and seen as cheerful and loving
woman, aging gracefully.
According
to the Encyclopaedia of Crime and Punishment, the long-term effects of child
sexual abuse include depression, anxiety, post-traumatic stress disorder,
sexual dysfunction and sub-stance abuse.
Some
victims were also twice as likely to attempt suicide compared to non-abused
children.
And
throughout their lives, sexually abused children are “four times more likely to
be at risk for developing a psychiatric disorder and are about three times more
likely to abuse substances than their non-abused counterparts.
Based
on the extent of effects on rape victims in these researches, it must have been
a devastating moment to Jemima and many other child sex abuse victims to read
the words of a law enforcer, a protector, a person of high society standing: “Public
interest will not be served if (the rapist) was given a custodial sen-tence
when he had a bright future.”
Noor
Afizal Azizan, a national bowler, committed a statutory rape with a 13-year-old
girl three years ago. He pleaded guilty and was sentenced to five years’ jail.
The
Court of Appeal last week allowed Noor Afizal Azizan’s appeal against the High
Court decision to sentence him to five years jail.
The
Court of Appeal substituted the jail term with a bound over for good behaviour
for five years.
The
Court, in its decision, agreed with counsel representing Noor Afizal, that
public interest would not be served if his client was given a custodial
sentence when he had a bright future.
Noor
Afizal was 18 years old when the offence was committed.
According
to New Straits Times’ report, Noor Afizal, now 21, represented Negeri Sembilan
between 2004-2010, and also Malaysia
in the National Youth Category for five years -- 2004-2008.
He
is expected to represent Kedah in several up-coming tournaments such as the KL
International Open Championship 2012.
There
was public outrage to the grounds for the decision.
Many
have called on the judiciary to clarify its judgment. They include Joint Action
Group for Gender Equality (JAG) which was reported as saying it was troubled by
the grounds for the decision.
“If this (having a bright future) was
the sole influencing factor in the judgment, then the JAG expresses regret over
the court’s decision to release the perpetrator on probation of good conduct.”
Many
are questioning: “Does it mean that an individual who is perceived to have no future
would get a heavier sentence?”
Some
are also asking: “If you are a star, you can get away after committing a crime?”
At
home, The Borneo Post reported Mohd Syafarudin Isa, 24, a painter from Kuching/Serian Road
was sentenced to eight years’ jail and ordered to be given three strokes of the
whip after he pleaded guilty to a charge of raping a minor under Section
376(10) of the Penal Code.
Still
fresh in the memory of many Malaysians is the case of 44 men being charged in
court for having sex with a minor, a 16- year-old student who was moonlighting
as freelance prostitute for the online vice syndicate.
The
44 included many who have “bright future” or are even enjoying a “bright future
now”.
Among
them are nine civil servants, a senior banker, a company director, a senior
vice-president of a private company, a senior police officer as well as a
scholarship recipient, aged between 21 and 48 years.
To
date, two of the accused have pleaded guilty to the charges and both had been
sentenced to nine weeks in jail.
Has
the ground of the sentence in the national bowler’s case failed to send out a
correct signal to would-be perpetrators of of-fences of such a nature, thereby
losing its deterrent effect?
The
rapist has a future because he is a national bowler. The poor 13-year-old has
to step into an unknown future carrying the hurt.
Is
there a missing link in the information available to the media and the public? Then there is a need for judiciary to give Jemima,
rape victims and the public an explanation if the “bright future” is the only
ground for its decision.
Jemima
and many other victims of child sexual abuse are asking: “What about our future? Who cares
about our hurt?”
FORGIVENESS: Justice that love gives is
a surrender, justice that law gives is a punishment. – Mahatma Gandhi.
May Jemima find peace and live out of
the shadows of her childhood bad memories.
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