KUCHING: An unemployed man was sentenced to 24 years in jail and 14 lashes of the rotan after he pleaded guilty to incest and sexual assault on his menstruating sister-in-law.
The 31-year-old accused pleaded guilty to two counts which were read before Judge Afidah Abdul Rahman at the Session’s Court today (Nov 1).
According to the first charge, he is accused of committing adultery with the 13-year-old victim in an unnumbered house in Bau around 11am on Oct 24.
Therefore, the accused is charged under Section 376B (1) of the Penal Code, which carries a jail term of up to 30 years and whipping, if convicted.
For the offence, Afidah sentenced the accused to 18 years in prison and 10 lashes of the rotan.
Meanwhile, the second charge, the accused had sexually assaulted the victim by touching her breasts and genitals at the same location.
The accused is charged under Section 14(a) of the Sexual Offences Against Children Act 2017, punishable under Section 14 of the same Act and to be read together with Section 16 of the same Act, which carries a jail term of up to 20 years and lashes of the rotan.
Afidah sentenced the accused to six years in jail and four lashes of the rotan for the second charge.
The court also ordered the sentences to run consecutively from the date of his arrest on Oct 24 and for him to undergo three years of police supervision after serving his prison sentence.
According to the facts of the case, the victim’s brother-in-law entered her room to wake her up and invite her to have breakfast together.
Upon hearing the bedroom door closed, the victim thought the man had left her room.
However, the victim woke up from her sleep and realised that the accused was lying next to her, groping her breast and touching her genitals before he proceeded to rape her although she was menstruating.
The victim later lodged a police report for further action and the accused was subsequently arrested by the police at a shop in Jalan Jambusan around 3.50pm on the same day.
Deputy public prosecutor Mohamad Aiman Mutallib Mohamad Shariff prosecuted the case while, the accused was unrepresented by counsel.