KUALA LUMPUR, Jan 14 — DAP advisor Lim Guan Eng has urged the government to provide an explanation in the case of a sexual assault survivor after the Attorney General's Chambers reduced the rape charge against her assailant to a lesser offence without informing her.
The case involves single mother Loh Wai Mun, who has publicly questioned why a rape charge against her assailant was downgraded to a lesser offence of assault with intent to outrage modesty.
Her attacker, who had initially claimed trial to rape under Section 376 of the Penal Code, later pleaded guilty to the reduced charge under Section 354 after the AGC accepted a letter of representation from his lawyers.
He has since paid the RM10,000 fine imposed by the court.
In a statement today, the Bagan MP said that Loh had written to Attorney-General Tan Sri Mohd Dusuki Mokhtar on January 9, arguing that the reduced charge did not reflect the harm and trauma she had suffered.
Lim quoted Loh’s lament that “the handling of this case has caused me to feel unprotected, unsafe, unheard, and sidelined.”
While acknowledging the AG’s absolute discretion under the Federal Constitution to decide on charges, Lim said the unique circumstances of this case warrant an explanation.
“In view that this rape victim is willing to go public and expose her identity to seek justice, her courage and steadfastness should be rewarded with an explanation from the Attorney-General,” Lim said.
Lim’s statement was addressed to Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said.
He added that the government has a statutory and moral obligation to ensure women feel safe and that perpetrators are punished accordingly.
Lim said the victim deserves "a right to know and a full explanation for the pain, fear and trauma that she and her family endured."
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