Kuching labourer gets 20 years’ jail, 13 lashes for raping 14-year-old daughter

KUCHING (April 7): A manual labourer has been sentenced to 20 years in prison and 13 strokes of the cane by the Sessions Court here for raping his 14-year-old daughter.

Judge Iris Awen Jon convicted the 37-year-old man on his own guilty plea under Section 376(3) of the Penal Code, read together with Section 16(1) of the Sexual Offences Against Children Act 2017 (Soaca).

Section 376(3) of the Penal Code provides for a jail term of between eight and 30 years, along with a minimum 10 strokes of the cane.

Section 16(1) of the Soaca stipulates that if the offender is in a position of trust with the child, an additional jail term of up to five years and at least two strokes of the cane may be imposed.

Iris further ordered the man to undergo counselling and for him to be placed under police supervision for two years after completing his sentence.

The offence was committed at a house in Stampin Baru here at around 12am on Wednesday.

According to the facts of the case, the victim’s 20-year-old boyfriend lodged a police report regarding the incident, which led to the man’s arrest.

A urine test conducted on the father at the time of his arrest was positive for amphetamine and methamphetamine.

According to the police investigation, the victim claimed she had been raped by her father since 2023, when she was 11.

The latest incident occurred around midnight, when the man entered the victim’s bedroom and raped her for approximately five minutes.

When the victim tried to resist, her father threatened to injure her with a machete.

A subsequent examination by an obstetrics and gynaecology specialist confirmed the presence of old hymenal tears at the three, five, seven, and 11 o’clock positions.

The clinical findings were consistent with repeated penetration by a blunt object (male private part) over a prolonged period.

Deputy public prosecutor Asmawi Nur Haqim Mokhtar appeared for the prosecution, while the labourer was unrepresented.

Investigating officer Insp Nur Ain Wong Abdullah handled the case.

Asmawi Nur Haqim Mokhtar Iris Awen Jon Jalan Stampin Baru Kuching Sessions Court lead onsite