Tue, 28 Aug 2012 04:11:14 GMT | By Amirul Ruslan

Bowler statutory rape: sex consensual, court says

The Court of Appeal defended the decision to suspend a five year jail statutory rape sentence for national athlete Noor Afizal Azizan in favour of a five-year good behaviour bond, stating that sex had been consensual.


KUALA LUMPUR - The five-year good behaviour bond judgment given in the controversial statutory rape case involving 21 year old former national youth bowler Noor Afizal Azizan and a 13 year old girl was justified because sex was consensual, the Court of Appeal ruled.

Court of Appeal president Justice Raus Sharif said that the defendant had not 'tricked the girl into submitting to him' and no violence was involved .

This declaration is bound to incite more controversy for the case, which saw public outrage following the August 8 verdict to allow Afizal's appeal.

The High Court had earlier sentenced Afizal to a five year jail sentence after he pleaded guilty to having sex with a 13 year old girl, although this judgment was then overturned following an appeal by Afizal, leading to the Court of Appeal to suspend the sentence in favour of a five-year good behaviour bond.

Many believe that leniency was applied in Afizal's case because of his standing as a national bowler. A three-judge panel cited that public interest would not be served in jailing the 21 year old, bringing up Afizal's 'bright future in sports'.

MSN Malaysia readers were vocal in their overwhelming opposition to the verdict. Some of the following comments regarding the case include:

How can a 13 year old girl even know what she is agreeing to? Are judges now sick? How are we to uphold our law if Judges take crime lightly? I think ONE OF THE MAIN REASONS THAT CRIMES ARE FLOURISHING IN this country are because we have judges who are WEAK. -- rightofvictim

Has the girl a bright future too, your honor?? -- ERLISH

Outrageous! Even a world boxing champion was jailed in the US for his trysts with a woman under the age of consent. Oops, but then it was a different court. -- choun young

So what is the message we are getting here? If you show promise in sport, you are above the law? -- Sar3 Ong

55Comments
Aug 28, 2012 12:44AM
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Statutory Rape Consensual?  Justice Raus Sharif you consented? You also would have  consented if the girl is your own 13 year old  daughter or grandaughter? You would also consented to your female sibling spending the night with the condemned?  Get off the bench ! You are not fit to be a Judge! And we tax payers are paying your goddamn salary including your pensions! People in front of you address you as,

" Your Honour" . Where is your sense of Justice and Honour?

Your are consensual  to sabotage Najib in the coming election , so it seems. 

We abide by YOUR  rule , based on  our CONSENSUAL COMMENTS.

Aug 27, 2012 11:46PM
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if it was my daughter, i've chopped off his hands and balls..  btw i hope the judges' daughters lose their virginity at the age of 13 years old to a bowler,footballer and badminton player.. let's see what they say then.. hahaahaa.. As if the bowler can win ANY OLYMPIC Medal..
Aug 27, 2012 11:23PM
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What a disappointment, what a hugely disappointing judgement. Where do we get these judges from? C'mon Najib, I mean NJB, lets hear your next moronic answer.
Aug 27, 2012 11:58PM
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The all the supposedly rapists of earlier cases must have their cases reviewed if they also had consensual sex. Looks like consensual sex is ok in Malaysia even if the girl is underaged. So the law citing rapists of underaged girls in Malaysia is no more valid. Is that what it is?
Aug 28, 2012 12:41AM
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fine,so be it..let the judges' 13 year old daughters be raped by national athletes next time, see how will they react to it
Aug 28, 2012 4:37AM
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So 13-year olds are now legally able to give sexual consent huh? Great.....let's lower the voting age to 12 then. While we're at it, lower the minimum age for driving too. Oh, and don't forget to amend the statutory rape law to allow for this new age of consent. After all, if they're mature enough to consent to sex, surely they're able to handle voting & driving? I mean, if they get pregnant & start a family, they have to know how to drive around to fetch the kids & buy groceries yes?
Aug 28, 2012 12:01AM
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Really full of disappointment. Consensual sex? Meaning sex under age is allow if its consented.
We are living in a Muslim country, your honor. Full of rubbish.

Aug 28, 2012 3:47AM
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So next time you want to rape ask the girl how old she is? or be a national athlete. Soon Malaysia will be represented in sports by RAPISTS
Aug 28, 2012 3:12AM
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the nation have spoken.

given 3 BRAVO to the 3 IDOITIC NUMBSKULL judges.

no one is more stupid then anyone (the judges) of you.

Aug 28, 2012 2:57AM
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If you do not know how to judge on such simple common sense crime, then don't be a judge be another criminal to be judged why? Because you are acting against an innocent and ignorant child of 13 years old as you spoil her bright future, you idiot.
Aug 28, 2012 1:25AM
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We have to start crying for Malaysia..... where are our Malaysian grandfathers and grandmothers? Bapa and Mama? men and women? Are you not crying in your hearts that 13 years old girl is not considered statutory raped when she agrees!!!! How about Malaysian girls who so agree but they are at the age of 12, 11, 10, 9, 8, 7, 6, 5, 4, 3, .....What do we want to see???

 

Aug 28, 2012 1:34AM
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That's why they call it statutory rape i.e. girls below age of consent cannot consent to sex and the sex act must be regarded as rape.  The sentence meted out to the boy does not reflect justice being done, in my mind.  What message is the courts sending to future offenders?  At the same time, I wonder if the judgment would be the same if the girl was the daughter/granddaughter of the judges.
Aug 28, 2012 3:08AM
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Malaysian law is so hopeless for young girls, nowadays....
The only thing we can do is to train our young daughters to say 'no' to all
strangers and friends,  or Tom , Dick n Harry.......

Aug 28, 2012 2:56AM
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This has got to be one of the stupidest, uncivilised decisions ever made in the Malaysian courts. How can anyone believe that a 13 yr old can give consensual sex? Does a 13 year old even understand what sex is - considering the state of sex education in the country and the taboo surrounding it? The law is meant to protect those in society who are too immature to make decisions for themselves. Does this incident remind anyone of the case of a certain Chief Minister? It is time law and social services recognise the problem in Malaysia and make sure such crimes are punished irrespective of the status of the person perpetrating the act. In most countries this would be considered an act of pedophilia and punishment is almost always cut and dry.. 
Aug 28, 2012 2:50AM
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the 'law of the jungle' prevail in malaysia.

so next time if you rape a 13 years old , tell these jungle judge "sorry i gurantee i wont do it again see what's the verdict.'

if the 3 judges daughters are grown up, then let their daughters' daughters be rape and let see if a new set of jungle law will these 3 jungle judges apply.

anybody can enlighten me what the islamic law say about this, if such jungle law is being used in malaysia, i am saddened - i will vote the opposition to change the law of the land for sure

is the bar council silent on this???????

 

Aug 28, 2012 12:23AM
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a very bad call indeed,looks like the judges were saboteur for the next election. Prime minister, good luck surviving this one without muslims vote.
Aug 28, 2012 1:36AM
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half-baked court of appeal president and judges...please check his qualifications...it could be fake , purchased over some counters..hehehe...loks that way
Aug 28, 2012 4:41AM
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five year good behaviour bond instead of five year jail sentence for raping a minor? in what way are they going to measure 'good'? i say lock him in jail to guarantee that he'll be 'good'! these judges have just proven to the people that we really can't trust the law!!
Aug 28, 2012 2:25AM
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Having sexual intercourse with a 13 year old girl with or without her consent is still a rape. You can still escape if you a popular sportsman
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