Skudai: A security guard was sentenced to 10 years in prison and five strokes of the cane by the Sessions Court here today after pleading guilty to raping a disabled woman (OKU).
According to BERNAMA News Agency, Judge Madihah Zainol delivered the sentence to R. Sivanesan, 39, and mandated that he undergo counselling throughout his imprisonment. Furthermore, the court ordered that he be placed under police supervision after serving his sentence.
The charge against Sivanesan involved the rape of a 29-year-old woman with known physical disabilities, including hearing, speech, and learning impairments. The incident occurred in Skudai, within the Iskandar Puteri district, at 11.50 pm on January 30.
The case was prosecuted under Section 376(2)(K) of the Penal Code, which stipulates a minimum prison sentence of 10 years and a maximum of 30 years, along with caning.
Deputy Public Prosecutor Nor Fadilah Johanuddin argued for a proportionate sentence, emphasizing that the accused exploited the victim's disabilities. It was also highlighted that the accused is HIV positive, posing a risk of transmitting a sexually transmitted disease to the victim.
In defense, Lawyer Omar Kutty Abdul Aziz, representing Sivanesan, requested a lighter sentence, citing his client's HIV and leukemia diagnoses which require ongoing treatment, and the fact that this was his first offence.