A security guard who suffers from both leukaemia and HIV was jailed for a decade and given five cane strokes for raping a disabled woman back in January.
39-year-old R. Sivanesan was handed the sentence by the Johor Bahru Sessions Court after pleading guilty to the charge, reported NST.
Raped woman who had multiple disabilites
According to the charge sheet, Sivanesan sexually assaulted the victim despite knowing she had physical and mental disabilities, including hearing and speech impairments and learning difficulties.
He was accused of committing the offense at a house in Jalan Jaya Mas 9, Taman Jaya Mas, Skudai, about 11.50pm on Jan 30.
The charge was framed under Section 376(2)(k) of the Penal Code, which provides a maximum jail term of 30 years and mandatory whipping.
Lawyer asks for leniency
Sivanesan was represented pro bono by lawyer Omar Kutty Abdul Aziz, while Deputy public prosecutor Nor Fadilah Johanuddin prosecuted the case.
Omar Kutty told the court that his client had expressed remorse for his actions and sought forgiveness.
“The accused earns RM2,200 a month. He suffers from HIV and leukaemia, which requires him to make frequent hospital visits for treatment. He has also performed charity work at temples and has no prior criminal record.”
However, Nor Fadilah called for a deterrent sentence, arguing that public interest and the victim’s welfare must be prioritised.
“The accused took advantage of a victim with multiple disabilities. Furthermore, the fact that he has HIV means his actions exposed the victim to the risk of infectious venereal diseases.
“I ask the court to impose a sentence that serves as a lesson, and subject the accused to police supervision and rehabilitation counselling,” she added.
Judge Madihah Zainol ordered Sivanesan to be jailed 10 years and caned five times.
He was also ordered to undergo rehabilitation counselling while in jail and be placed under police supervision for one year upon his release.
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