The Bar Council refers to the decision of the Cabinet to impose a prison term of between 15 and 30 years and a minimum 10 stokes of the rotan for offenders who commit incestuous rape (non-consensual incest), according to press reports today.
An increase in sentence for this category of incest is appropriate for the purpose of reflecting the greater seriousness of the crime, and making a clear distinction from consensual incest.
The Bar Council, however, notes that the minimum sentence for incestuous rape (non-consensual incest) is more than doubled compared to the present minimum sentence for (consensual) incest (6 years), and tripled compared to the minimum sentence for rape (5 years). The Council notes with regret that courts do not have the discretion to impose a lesser sentence in whatever case. But by fixing a higher maximum of 30 years, it is noted that courts will retain judicial discretion to impose a higher sentence in accordance with the seriousness of the case. The Bar Council welcomes the fact that the death penalty has not been imposed for incestuous rape (non-consensual incest).
In addition to a higher prison term, the reforms proposed by the Minister in the Prime Minister’s Department Datuk Seri Dr Rais Yatim concerning the inclusion of names of all rape offenders in a Register of Criminal and Undesirable Persons, the plan for police to monitor rape convicts and store DNA information in police records are most welcome. The Bar Council is of the view that these proposed reforms will lead to greater success in prosecuting, preventing the incidence of such crimes and protecting rape/incest victims. Providing counselling for both victims and offenders will result in a more well-rounded approach to the treatment of such cases rather than purely punitive responses.
It is hoped that the Cabinet decision to increase incarceration periods for incestuous rape (non-consensual incest), together with proposals to employ more crime prevention methods and effect victim protection programmes will both result in adequate punishment for offenders as well as a marked decrease in the incidence of such crimes.
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Talk on Summary Judgement (25 May 2012) Organised by the Selangor Bar Committee, this talk will take place at 5:00 pm, at the Selangor Bar Committee Auditorium, on 25 May 2012 (Friday). The talk will be conducted by Ramesh Supramanian. Click on the link above for more details.
Seminar on Tax Issues in Financial Transactions (25 May 2012) Organised by the Kuala Lumpur Bar Professional Development Committee, this seminar, featuring S Saravana Kumar, will take place at 3:00 pm, at the Kuala Lumpur Bar Auditorium, on 25 May 2012 (Friday). Click on the link above for more details.
Dialogue with Criminal Law Practitioners (26 May 2012) Organised by Bar Council, this dialogue will take place at 10:00 am to 12:00 pm, at the Raja Aziz Addruse Auditorium, Bar Council, on 26 May 2012 (Saturday). Click on the link above for more details.
Conference on Competition Law (31 May 2012) Organised by Bar Council with the support of LexisNexis, this conference will take place at 8:30 am to 4:00 pm, at Renaissance Kuala Lumpur Hotel, on 31 May 2012 (Thursday). For more details or to register, please contact Vilashini Vijayan (03-2050 2095; vila@malaysianbar.org.my). Click on the link above for more details.
Talk on What Clients Want (7 June 2012) Organised by the KL Bar Practitioners' Affairs Committee, the talk, presented by Ong Eu Jin, will take place at 5:00 pm, at the KL Bar Auditorium, on 7 June 2012 (Thursday). Click on the link above for more details.
4th LAWASIA Family Law Conference, Penang (13 and 14 July 2012) Supported by Penang Bar Committee and the Malaysian Bar, this conference, themed “The New Global Family: Emerging Trends and Challenges to Family Practice”, will take place at Traders Hotel, Penang, on 13 and 14 July 2012 (Friday and Saturday). Click on the link above for more details.
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