Académique Documents
Professionnel Documents
Culture Documents
doing the act knows, or has reason to believe, that the consent was given in
consequence of such fear or misconception for Noorhafizah, she did not attempt
to run away when her mother came back later. In the decided case ,the victim
was in a very vulnerable position when the accused had sexual intercourse. She
did say she attempted to scream but he covered her mouth. Later he threatened
her that it was part of the treatment and that she should not resist if she wanted
to recover. Noorhafizah said she listened to him because he also told her that her
illness was serious and would require surgery.
The judge sentenced the accused for 12 years of imprisonment under section
376 of the Penal Code, whoever commits rape shall be punish with imprisonment
for a term which may extend to twenty years , and shall also be liable to
whipping.