High Court slashes man’s rape sentence from 10 years to one, citing youth and rehabilitation

In a recent ruling, the High Court in Kuantan has reduced a man's sentence for statutory rape from 10 years in prison and six strokes of the cane to one year in jail and two strokes of the cane. The court's decision was based on the young age of the accused, his clean record as a first-time offender, and his high potential for rehabilitation, according to FMT.

The 23-year-old committed the offences when he was 19 years old, on October 8 and October 29, 2022, at a residential school in Kuantan where the 15-year-old victim was a student. The High Court upheld the verdict that consent was not a defense under Section 375(g) of the Penal Code, but the judicial commissioner, Samry Masri, acknowledged that the sentence should be tailored to the individual circumstances.

The judge noted that the case did not involve predatory behavior or grooming, which would warrant a longer period of incapacitation. The revised sentence mandates the man to serve six months in jail and one stroke for the first charge, and one year in jail and one stroke for the second charge. These sentences will run concurrently, resulting in a total of one year in prison.

Additionally, the man will undergo rehabilitative counseling and two years of post-release police supervision. Samry emphasized that the reduced sentence does not imply endorsement of the minor's consent, but rather a just and proportionate response to the unique circumstances of the case.