Wife posts bail for man charged with raping daughter

KUALA LUMPUR - A wife insisted on posting bail for her husband in the Sessions court here, although he had been slapped with three counts of raping and molesting their 15-year-old daughter.

The husband, a 38-year-old army staff sergeant, had earlier pleaded not guilty to all three charges.

The prosecution, represented by deputy public prosecutor S. Malini Anne, had not offered bail as she was concerned that the accused might harass his daughter further.

However, the accused, from the dock, asked to be granted bail and said his wife was present to post bail for him.

Dressed in a long black robe and a bright pink headscarve, the wife said "Yes", when the judge repeatedly asked if she was sure of her decision, as the victim was her own daughter.

"As a wife, I know my husband is problematic," she told the court.

Judge Emelia Kaswati Mohamad Khalid, however, still did not appear satisfied with her answer and continued to grill her.

Emelia: Can you vouch that he will not harass your daughter? Can you ensure that they will live separately?

Wife: Yes.

Emelia: What if he harasses you, or if he has the key to your home? What if he forces you to open the door for him? Puasa (the fasting month), and Hari Raya are coming soon. I'm sure he'll want to see the family. Can you ensure they (father and daughter) won't meet?

Wife: I am fully responsible for my promise.

On the first charge, the man was accused of raping his daughter in a bedroom of their home in Desa Tun Hussein Onn, here, at about 3am on June 21, this year.

This amounts to an offence under Section 376 of the Penal Code, and if convicted, he can be jailed between eight and 30 years, and sentenced to at least 10 strokes of the rotan.

On the second charge, he was accused of molesting his daughter by inserting his finger into her private parts, at the same time and place. He also faces a third charge of molesting the girl by groping her private parts at about 3am, one night in the middle of last year.

Both charges are offences under Section 354 of the Penal Code, and the man can be jailed up to 10 years, or fined, or whipped, or face any two of such punishments, for each charge.

The court finally granted him bail at RM8,000 (S$3,259) with one surety for all three charges, with additional conditions that both father and daughter are separated and not allowed to meet at all.

The court also ordered him to report himself to the police station nearest his home once a month, and fixed Aug 2 for mention.