Not a voice in the wilderness

PROTECTING OUR CHILDREN: If we are not protecting children, we are neglecting them and that is abuse

I WAS pleasantly surprised by our woman minister, Datuk Rohani Abdul Karim’s first post-election speech, vowing to get to the bottom of allegations of sexual exploitation and rape cases against Penan women which have been sparking public outcry since 2008.

This should be the first time ever that a person with the right position in government has officially admitted there are, indeed, such problems even as her predecessors had conveniently swept them under the carpet.

Two days after her appointment as Women, Family and Community Minister, Rohani revealed that a taskforce report produced by her ministry has confirmed the consistent pattern of rapes and sexual abuses of Penan women by timber company workers.

Such incidents reportedly happened when the Penan women hitchhiked on timber trucks or when they were at logging camps near their homes.

The report documented at least eight cases of rape and molestation.

I presume no action has ever been taken against the culprits, or for that matter, no efforts made either to locate them and bring them to book.

Shall I put my hopes on having the truth revealed, the rapists charged and justice served in our fair land with the active intervention and effective proactive action from our woman minister, especially when she is from Sarawak?

Her resolve to get to the root of the problem is, indeed, a very promising start.

It’s not just that -- and as Rohani has explained, “there are various other problems in Sabah and Sarawak pertaining to my ministry that need to be addressed as well.”

Undeniably, there are many tasks that require her prompt and close attention.

And with regard, in particular, to the incidences of rape that she pledges to look into, I hope her ministry will take note of a case in Sabah where a 40-year-old restaurant manager allegedly raped a 13-year-old girl and then applied for withdrawal of the charge before the Sessions Court in Kota Kinabalu on the ground that it was a case of suka sama suka (mutual consent) and that he is going to marry the girl.

It was reported that the accused befriended the girl through Facebook before allegedly raping her in a car parked by the roadside in Inanam, Kota Kinabalu, earlier this year.

According to reports, the deputy public prosecutor has not objected to the case being withdrawn pending the marriage approval in the Syariah court.

The Syariah court has also confirmed receiving the application of marriage.

It is sheer nonsense that a rape could be “suka sama suka”, what more to say the girl is only 13-year-old, for that matter only 12 years and six months.

Is this the kind of “protection” we are giving our underaged rape victims – that the alleged rapist can walk free by promising marriage?

It is like saying rape is all right just as long as you take “responsibility” or “necessary action” afterwards.

The inference relating to the case in question is that having sex with a 13-year-old girl can be excused as long as you know what to do afterwards.

The only reason I can see why this alleged rapist is marrying the girl is to escape prosecution under Statutory Rape.

But it seems this point has been missed by the prosecution -- or is it about sweeping the case under the carpet?

Amidst the cries from different social groups, including Sabah Women Action Organisation, I see a glimmer of hope in the Attorney General Tan Sri Abdul Gani Patail’s timely statement that his Chamber has not dropped the case.

He assured that “justice will be done.”

However, Gani said as the victim had refused to give evidence, the prosecution had to rely on other evidence such as DNA report as well

as reports from the Social Welfare Department, the investigating officer and a witness who is a friend of the under-aged girl.

The AG was quoted as saying “in this matter, I have a witness who is a friend of the under-aged girl whereby she (the friend) sat in the rear of the car.

“However, what was seen while seated behind is another issue. But I do believe in this child -- so we need further evidence from her to really analyse the evidence.”

It is shocking to note that the alleged rapist committed the criminal act in the presence of another girl – presumably as young as 13 years old too.

Yes, by all means charge him! An alleged rapist will not treat his victim-wife with decency and respect. She is just a child!

The episode must have traumatised the underaged girl and by marrying her off to the man who had allegedly raped her could expose her to further mental torture, sexual abuse and domestic violence.

If I may suggest to the minister, please use your good office to initiate immediate counselling, support and assistance for the victim and her family. Following that, come up with an action plan to nail the rapists so that they will not be able to take advantage of loopholes in law and religion to walk free.

The minister’s vow to act sternly against perpetrators of a crime as heinous as rape will not be a voice in the wilderness for I am sure all the women are behind her.

We have heard you, YB Rohani.