Huh... rapist to pay???
The Star reported that there is a suggestion from the Human Rights Commission of Malaysia for rape offenders to pay for medical bills, treatment etc of their victim. But would this be workable. Laws can be enacted and amended but when it comes to the implementation, the enforcement agencies would in one way or another be hindered because the laws are just not workable and can’t be enforced. On the papers, yes the laws say, every rapist should pay for the medical bills, treatment etc of the victim but the problem lies within the whole scenario itself.
Most rapist who are charged, found guilty and subsequently convicted under Section 376 of the Penal Code are poor people or they are from the 1) low income group. 2) those who are not able to “release” their desires else where. What more now, even in Malaysia we can see women wearing their brassiere in Jalan Bukit Bintang.
Men being men, and having two heads without enough blood supply to cater for both, they tend to get “excited” seeing the phenomenon. But for those who are capable and have the means to go to Lorong Haji Taib (I think Dewan Bandaraya Kuala Lumpur should forward a suggestion to change the name of this Lorong) they would go there and “relief” themselves at the place or for those who are filthy rich, they word order a mail ordered “reliever”.
The problem lies with those who are not able to do any of the above and the easiest way is 1) to go after the one you know (be it your girl friend, girlfriend sister, girlfriend mother (that’s just sick but come to think of it if the girlfriend’s mother looks like Priscilla Prestley, why not?) or the worst case scenario is those who goes after their daughter, sister granddaughter etc.).
So, a person economical status would play a major role in this kind of cases (i.e. rape and molest (this would fall under another section of the Penal Code)). If he can relief himself by paying another person whose job is to satisfy people (that sounds like my job. Satisfy client and get paid), then he would not go out and reach for the unreachable and/or do the unthinkable. So, to ask a person to pay would mean that the judgment would continue to stay on the piece of paper and payment towards the victim will have to wait until it is paid.
The second problem lies, at least if the rapist is free outside, he can go and find a job and work he’s stupid ass to pay the victim. But the rapist is in jail. How to generate income from within (other than daily allowance paid to them for works done therein)?
That was not the only suggestion which I have come across and would cause problem at the implementation stage. Look at the cyber laws. Do we have anything to cover those individuals who provide a service to local (I mean Malaysia) people? Say if I were to host a server in the Cayman Island providing something like (pay per view) porn site or something similar or I hosted a server where people can join a room and bare parts of their bodies (and I don’t mean hand and fingers) to the room. Would I be prosecuted for hosting the server here in Malaysia since the server is in the Cayman Island?
The next problem lies within the Anti Money Laundering Act (let’s call it AMLA). AMLA provides that money which comes from an illegal activity would be (the illegal activities is provided in Schedule 2 of AMLA) fall under AMLA. But do the prosecution need to prove that the illegal activities was done or the person need to it is just suffice to say suspicion of an illegal offence is enough to bring a person to answer a charge under the AMLA? Because in some part of the world, selling drugs or prostitution is not an offence per se.
These are the questions that linger in my head at the moment. Do the parliamentary draft men think of these questions or they just proceed to enact laws or amend laws whenever instructed? I know they are smart people up there (and that’s why I was not selected to join them) but I seems now the trend is just follow what those people said in the parliament or suggested to them.
My suggestion would be….
“CUT IT OFF” (ouchhhhh)
Most rapist who are charged, found guilty and subsequently convicted under Section 376 of the Penal Code are poor people or they are from the 1) low income group. 2) those who are not able to “release” their desires else where. What more now, even in Malaysia we can see women wearing their brassiere in Jalan Bukit Bintang.
Men being men, and having two heads without enough blood supply to cater for both, they tend to get “excited” seeing the phenomenon. But for those who are capable and have the means to go to Lorong Haji Taib (I think Dewan Bandaraya Kuala Lumpur should forward a suggestion to change the name of this Lorong) they would go there and “relief” themselves at the place or for those who are filthy rich, they word order a mail ordered “reliever”.
The problem lies with those who are not able to do any of the above and the easiest way is 1) to go after the one you know (be it your girl friend, girlfriend sister, girlfriend mother (that’s just sick but come to think of it if the girlfriend’s mother looks like Priscilla Prestley, why not?) or the worst case scenario is those who goes after their daughter, sister granddaughter etc.).
So, a person economical status would play a major role in this kind of cases (i.e. rape and molest (this would fall under another section of the Penal Code)). If he can relief himself by paying another person whose job is to satisfy people (that sounds like my job. Satisfy client and get paid), then he would not go out and reach for the unreachable and/or do the unthinkable. So, to ask a person to pay would mean that the judgment would continue to stay on the piece of paper and payment towards the victim will have to wait until it is paid.
The second problem lies, at least if the rapist is free outside, he can go and find a job and work he’s stupid ass to pay the victim. But the rapist is in jail. How to generate income from within (other than daily allowance paid to them for works done therein)?
That was not the only suggestion which I have come across and would cause problem at the implementation stage. Look at the cyber laws. Do we have anything to cover those individuals who provide a service to local (I mean Malaysia) people? Say if I were to host a server in the Cayman Island providing something like (pay per view) porn site or something similar or I hosted a server where people can join a room and bare parts of their bodies (and I don’t mean hand and fingers) to the room. Would I be prosecuted for hosting the server here in Malaysia since the server is in the Cayman Island?
The next problem lies within the Anti Money Laundering Act (let’s call it AMLA). AMLA provides that money which comes from an illegal activity would be (the illegal activities is provided in Schedule 2 of AMLA) fall under AMLA. But do the prosecution need to prove that the illegal activities was done or the person need to it is just suffice to say suspicion of an illegal offence is enough to bring a person to answer a charge under the AMLA? Because in some part of the world, selling drugs or prostitution is not an offence per se.
These are the questions that linger in my head at the moment. Do the parliamentary draft men think of these questions or they just proceed to enact laws or amend laws whenever instructed? I know they are smart people up there (and that’s why I was not selected to join them) but I seems now the trend is just follow what those people said in the parliament or suggested to them.
My suggestion would be….
“CUT IT OFF” (ouchhhhh)
posted by Kampong_Boy at
3:05 pm
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