Press Statement
by Chong Eng, MP for Bukit Mertajam and DAP Wanita National Chairwoman
on 16.10.2002
in Kuala Lumpur
We are shocked with the reply given by the Parliamentary Secretary of the Home
Ministry, Datuk Seri Abu Zahar bin Isnin in Parliament today when he justified
the rape of a 13 year old girl at an illegal immigrant's detention camp in Sabah
to her "loose character".
We want to put on record our strongest protest to such an irresponsible view
from a top government official, which only show his utter ignorance of rape laws
in the country and this male chauvinistic view should be condemned.
The Evidence Act, 1950 clearly state in Section 146A (c ) that no question shall
be asked concerning the sexual activity of the victim except in exceptional
circumstances.
The nationality and the "allegedly bad character" of the victim are not relevant
in this case. Similarly, in criminal proceedings the fact that the accused
person has a bad character is also irrelevant.
The fact the alleged rape of the 13 -year-old girl is now embroiled in a
bilateral political tiff between Malaysia and the Philippines should not prevent
the administration of justice to this girl.
We therefore call on the Attorney General to proceed with prosecution of police
personnel involved in the heinous crime of rape against a minor in a government
facility.