At the time when he committed the crime, he was 21 years old and he was dating a girl who was only 12 years old. He tricked her and instead of taking this small girl to school, he took her back home with the excuse that he wasn’t feeling very well. He didn’t rape her once but twice. Yesterday, judge Sitarun Nisa Abdul Aziz sentenced Chua Guan Jiu to a five year good behavioural bond and a penalty of RM 25,000 .
That was the verdict of the session judge, and it wasn’t the type of punishment which anyone expected him to receive. By law, according to Section 376 (1) of the Penal Code, the rightful sentence if you’re found guilty of raping is a jail sentence of up to 20 years’ and whipping.
Chua Guan Jiu did not receive this punishment as he was still young and had repented for his actions. According to his counsel, he earns about RM 30 per day, has a good job and has many years ahead of him. Chua dropped out from school when he was in Form Two (source).
(Source: The Star)
According to Sitarun, he was a first time offender and the sexual act was consensual hence that was why she was bringing down the sentence. The two were dating and Chua commited the offence at his flat in Jalan RU 1, Air Itam between 7am and 1pm on July 18th last year and between 2.25pm and 2.45pm the next day (source).
Previously, national bowler, Noor Afizal Azizan was given the same punishment when he was found guilty of raping a 13-year-old girl. The similarities between both cases are that the victims of both cases were minors and the ones who are guilty of the crime were both allowed to get away with lighter punishments just because they ‘had a bright future.’
How many more rape cases would need to take place before those in charge realizes that by sentencing those at fault with lighter penalties, more and more people are going to become brave to commit the same offence because they know that it will be easier for them to get away with it?