Monday, September 29, 2008

Report of alleged rape 'was full of made-up stories'

What more can be said about the travesty in the following news story? The most troubling part to me, aside from the false accusation itself, is that the false accuser was not permitted to withdraw charges before trial even though she tried. Why? To protect innocent men from the injustices of a false rape claim, we need to do all we can to facilitate recantations and allow the withdrawal of charges. We owe it to innocent men.

'Rape victim' may be charged for false report

KUCHING: A 19-year-old woman may be charged in court for lodging a false police report that she was raped last year.

There's a possibility of this happening as Sessions Court judge Amelati Pernell acquitted painter Mohd Fahmi Abdullah alias Jong Joon Onn of raping the woman.

He was alleged to have committed the offence at an unnumbered building at Jalan Sungai Padungan here between 2am and 2.15am on July 28 last year.

The judge, in her ruling, said the police report was false."How can the charge against the accused stand when the report is false?" Amelati asked.

"The court leaves it to the police for necessary action to be taken against the complainant."

She said she found the complainant's story exaggerated and testimony doubtful.

Amelati said the element of sexual intercourse was not disputed and it was proven by the prosecution but the court had to consider the element of consent.

Amelati said based on the police report, the complainant claimed that she was raped by five men.

"However, during the trial, she said her police report was full of made-up stories and that she was only raped by one person, namely the accused."

The complainant agreed that her police report was untrue.

Amelati said during the trial the complainant claimed that she was punched and kicked by the accused but according to the medical report, there was no evidence of resistance on the part of the complainant and she suffered no injuries, abrasions or lacerations.

Amelati said the fact that the complainant had to be arrested to attend the trial and she had openly applied twice to withdraw the charge against the accused, showed that she had second thoughts about the case.

Fahmi was defended by Abdul Rahman Hazmi while Assistant Public Prosecutor Nur Nisla Abdul Latif prosecuted.