68-year-old man sentenced to 12 years in jail, 2 strokes of cane for sexually assaulting 11-month-old baby

A 68-year-old was today, sentenced to 12 years in jail in Malaysia and ordered two strokes of cane after he pleaded guilty to having an intercourse with an 11-month-old baby by inserting his finger into the victim's vagina on Aug 20.

The accused, Shah Alam admitted to the charges in front of Judge Mohd Kamil Nizam at the Special Court on Sexual Crimes against Children.

Based on the charges, the accused was indicted for committing the crime against the victim, who was under the care of a babysitter, at a terrace house in Section 24, Shah Alam at about 4pm on Aug 20. The suspect was the father-in-law of the babysitter.

Based on the charge sheet, police investigations revealed that the babysitter had asked her father-in-law to take care of the victim while she went out for a while to renew her car insurance and road tax. She left the child in a proper and healthy condition to the suspect.

When she returned, she realised that the child was in pain and crying profusely. She also noticed bloodstains on the child's trousers.

The babysitter then informed the parents that their child was having bloody stools and they immediately brought the victim to Shah Alam Hospital.

The hospital's Obstetrics and Gynaecology department's check on the child showed traces of abrasion and redness inside the victim's genitalia as well as a two-centimetre long fresh wound near the anus.

A statement by a specialist said the victim's injury was due to a big and blunt object which was forced into the vagina, causing the wound around the area. The specialist also stated that the blunt object could have been a finger or a penis, adding that this act had caused permanent tear of the victim's hymen.

The investigation also disclosed that the suspect had confessed to the babysitter's husband, who is his son, that he had inserted his finger into the child's vagina, proving him guilty of having an intercourse with the baby.

Therefore, the suspect was charged under Section 377CA of the Penal Code which provides a jail sentence of not less than five years and not more than 30 years and strokes of rotan if found guilty.

Deputy Public Prosecutor Aimi Syazwani Sarmin, in the proceeding, had appealed to the court to impose maximum penalties on the suspect as the crime committed was serious.

"The specialist has confirmed that the victim has sustained a permanent tear to the hymen. The 68-year-old suspect, who’s old enough to be a grandfather, had committed this heinous act, when he should have taken care of the child. His act will have a deep impact and cause serious damage to the child.

"Even though the suspect is 68 years old, strokes could still be carried out under the law for sexual offenders.

"Therefore, I appeal to the court to impose maximum penalty to the suspect as it involves public interest, as well as a deterrent factor and to show the seriousness of the crime," he added.