MIRI: Senator Alan Ling has called on the police to charge two police personnel, who were on duty when a 16-year-old girl was allegedly raped by a male suspect while in police custody on Jan 9, under the Child Act 2001.
He explained that Section 31 of the said Act provided for a fine not exceeding RM50,000 or imprisonment for a term not exceeding 20 years or both upon conviction.
“Section 31 (1) reads… Any person who, being a person having the care of a child— (a) abuses, neglects, abandons or exposes the child or acts negligently in a manner likely to cause him physical or emotional injury or causes or permits him to be so abused, neglected, abandoned or exposed; or (b) sexually abuses the child or causes or permits him to be so abused, commits an offence…
“The police should not only suspend the policemen but also arrest them under the power of investigation and power to arrest without warrant provided under Section 109 and Section 110 respectively,” he told a press conference on Monday (Jan 18).
He added under Section 85 of the said Act, there must be appropriate arrangement to prevent a child (under 18) from associating with an adult who was being charged with an offence.
“This means a child must be separated from adults in police stations, places of detention or courts,” he said.
Although the investigation on the case was ongoing, Ling claimed that the incident happened due to police negligence.
Previously, he also told New Sarawak Tribune that he and his special assistant Lawrence Low, a lawyer who would be representing the victim, were preparing to file a civil claim in the near future.