The Women's Aid Organisation (WAO) has declared its opposition against any form of capital or corporal punishment in contrast to the government's recent call for the mandatory death sentence for rape offenders.

Its executive director Ivy Josiah said in a statement today that while there is an urgency to respond to the rise in sex crimes, "state condoned violence (capital punishment) however supports the notion that violence can be justified."

"WAO is in support of a life sentence for repeat offenders and the proposal to review rape laws including the widening of the definition of rape," said Josiah.

There are also broader problems in the proposal to enhance section 376 to include the mandatory death sentence for rapists.

Given statistics that 80 percent of rapists are known to the victims, and that 30 percent of rapists are blood relatives of victims, stiffer punishments therefore do not serve to encourage victims to report, she said.

"It is the concern of the many surviving victims who are experiencing rape that underpins our concern - more thought must be directed at support and preventive aspects of rape eradication and not just on punishments."

On a related note, Josiah criticised the recent magistrate's court sentence meted out to repeat offender Abdul Halim Mohamad for molesting two seven-year olds last year.

"Having been convicted in 2001 for molesting a young girl, the accused....has shown no remorse for his violent crimes.

"The maximum sentence of 10 years jail under Section 354 of the Penal Code should have been given," she said.

Instead, Abdul Halim was sentenced to 16 months jail and given four strokes of the rotan.

Disparities in judgement

"There appears to be disparities in judgement. A study and more information regarding the rate of convictions and sentencing on sexual crimes is an urgent matter and should be addressed immediately," Josiah added.

In Sept 2003, interest groups proposed in a memorandum to the government that broad amendments be made to existing rape-related laws, as all too often the system fails to put sexual offenders behind bars.

According to the Joint Action Group Against Violence Against Women, only one in ten cases in the Federal Territory end in conviction, and experience has shown that harsher penalties will only put more legal obstacles to reporting.

Among others, their proposals had included making marital rape an offence, widening the definition of 'rape' to include object penetration, and allow for child evidence to be used without the need for corroboration.

Up to now however, none of the recipients of the memorandum - the Women's Affairs and Family Development Ministry, de facto Law Minister Rais Yatim, and the Attorney-General's chambers - have responded to the proposed points.