JOHOR BAHRU, March 27 — A 39-year-old man living with HIV was sentenced to 10 years’ imprisonment and five strokes of the cane by the Sessions Court here today for raping a woman with disabilities last January.

Judge Madihah Zainol handed down the sentence after the accused, R. Sivanesan, pleaded guilty when the charge was read out by a court interpreter.

According to the charge sheet, the accused raped a 29-year-old woman, whom he knew had hearing and speech impairments as well as a learning disability, at the time of the incident.

The offence was committed at a house in Taman Jaya Mas in Skudai near here at about 11.50pm on January 30.

He was charged under Section 376(2)(k) of the Penal Code, which provides for up to 30 years’ imprisonment and whipping upon conviction.

The provision covers aggravated rape, including cases where the perpetrator is aware of the victim’s mental or physical vulnerability.

The prosecution was led by Deputy Public Prosecutor Nor Fadilah Johanuddin, while the accused was represented by counsel Omar Kutty Abdul Aziz on a pro bono basis.

In mitigation, Omar Kutty told the court that the accused had apologised and was remorseful for his actions.

He added that the accused, who also suffers from leukaemia, earns RM2,200 a month as a security guard and has no prior criminal record.

In her submission, Nor Fadilah urged the court to consider the case as one of public interest and the victim’s suffering.

“The accused took advantage of the victim who has a physical disability, namely speech, hearing and learning disabilities.

“As the accused is HIV-positive, his actions had exposed the victim to the risk of sexually transmitted diseases.

“I request for a punishment that is appropriate and for the accused to be under police supervision and rehabilitative counselling,” she said.

The court imposed the prison sentence and caning, and ordered the accused to undergo rehabilitative counselling throughout his imprisonment. He will also be placed under police supervision for one year after his release.