JOHOR BAHRU, March 2 — A security guard was charged in the Sessions Court here today with 13 charges, that included for sexual assault, sodomy and rape of his own son here last month.
The girlfriend of the accused was also charged in the same court for exposing the seven-year-old child to danger and causing physical harm.
The 43-year-old accused pleaded guilty to all charges after they were read out before Judge Mohd Zamir Suhaimee.
For the first four charges, he was charged with physically assaulting his son with his girlfriend, who is also his illegitimate child, in a manner that had sexual intent.
The accused was charged under Section 14(b) of the Sexual Offences Against Children Act 2017 for physical sexual assault, which carries a maximum prison sentence of 20 years and whipping upon conviction.
The accused, who is stationed at a school, was charged with four other charges, namely committing non-physical sexual assault by having sexual intercourse in front of the girl and was charged under Section 15(c) of the Sexual Offences Against Children Act 2017 for non-physical sexual assault on a child.
The accused faces a maximum prison sentence of 10 years and can also be fined up to RM20,000 or both upon conviction.
Meanwhile, the accused was also charged with two charges of intentionally having sexual intercourse against the order of nature with the child by sodomising him.
The charges were made under Section 377C of the Penal Code for carnal intercourse against the order of nature which carries a maximum prison sentence of 30 years and whipping upon conviction.
For the other two charges, he was charged with making child sexual abuse material in the form of a video on the victim and the charges were made under Section 5 of the Sexual Offences Against Children Act 2017.
The section concerns the production of child sexual abuse material or pornography which provides for a maximum prison sentence of 30 years and subject to whipping up to six times upon conviction.
For the 13th charge, the accused is charged with raping the same victim, whose relationship is not permitted under law, religious law, custom or custom to marry.
The accused was charged under Section 376(3) of the Penal Code, involving victims under 16 without consent and under 12 without consent, which carries a maximum sentence of 30 years and shall be subject to whipping of not less than 10 times upon conviction.
All the acts were allegedly committed by the accused in a squatter house in Kempas Baru here, between 11.35pm on January 22 until the morning on February 17.
The prosecution was conducted by Deputy Public Prosecutors Nur Farah Wahida Shahudin and S. Manushri.
No bail was offered as all the charges were non-bailable.
The accused were unrepresented.
The court then set Wednesday for mention and sentencing.
In a separate Sessions Court, the accused woman as a person who had custody of the child, was charged with exposing the child to the point of causing the victim to suffer physical injuries.
For the act committed at the same location in February, she was charged under Section 31(1)(a) of the Children's Act 2001 for abuse, neglect, abandon, or exposing the child to physical or emotional injury and faces a fine of up to RM50,000 or a maximum prison sentence of 20 years or both upon convicted.
The 46-year-old accused, who works as a restaurant assistant, however, pleaded not guilty before Datuk Ahmad Kamal Arifin Ismail.
The judge allowed the accused bail at RM8,000 with one surety and additional conditions such as the surrender her international passport to the court and reporting to the Pontian district police headquarters once a month.
The court also set April 2 for the case to be mention, pending the appointment of her counsel and the submission of documents.
The prosecution was conducted by Deputy Public Prosecutor Mohd Afdhallan Syafiq Azmy and the accused was unrepresented.
