By Nour Maghfirah –
BANDAR SERI BEGAWAN, NOV 18 – A 43-year-old man was sentenced to 40 years six months in prison and 17 lashes by the High Court today for various sexual offenses against two of his nephews.
The offences, which included rape, indecent assault, stalking and recording pornographic videos involving children, were committed over 10 years.
All parties in the case cannot be named due to an order imposed by the High Court.
Judge Muhammed Faisal bin PDJLD DSP Haji Kefli described the crime as ‘cruel and rude’ highlighting the defendant’s exploitation of his family role and condemned his actions as a deep betrayal of trust.
The abuse began in 2011 when the older niece, referred to as Miss A, was seven years old at the time. Her younger sister, Miss B, also became the same victim starting at the same age. The defendant, a widower with two sons, was entrusted with the care of his nephew who often stayed at his house.
In one incident in early 2022, while his ill wife was in the living room, the defendant sexually assaulted Miss A and recorded the act. In another incident, shortly after his wife’s death, the defendant raped Miss A while her two sons were in the same room.
The abuse came to light in July 2022, when the victims complained to their mother who then lodged a police report, leading to a detailed investigation by the Women and Children Investigation Unit, Criminal Investigation Department, Royal Brunei Police Force.
The investigation found evidence on the defendant’s cell phone, including photos and video recordings of the abuse.
At first, the defendant pleaded not guilty. Midway through the trial, after six prosecution witnesses, including the two victims, had given evidence, he changed his plea to guilty on all 15 charges. The court stated that the defendant’s confession was made too late to remove the victim from the emotional burden of testifying and only gave him a minimum sentence reduction.
The defendant pleaded for leniency, admitting full responsibility for his actions and citing that he is now a single father with two dependent sons.
Deputy Public Prosecutors Nurul Fitri Kiprawi and Abdul Hanan Haji Erwan, in their submissions, emphasized the aggravating factors in the case.
They emphasized that the defendant’s repeated behavior was abusive spanning more than 10 years, and a breach of trust.
The court agreed with the prosecutor’s argument, also acknowledging the deep psychological trauma inflicted on the victim, who continues to struggle with the trauma of the abuse.
The report submitted to the court detailed the severe emotional stress experienced by both victims.
Miss A, now 20 years old, was diagnosed with anxiety, depression and emotional conflict. Miss B, now 17, showed signs of low self-esteem and increased anxiety, with clinical assessments indicating that both victims needed ongoing psychological support.
In sentencing her to 40 years, six months in prison and 17 lashes, the court acknowledged the deep psychological trauma to the victim, who continues to struggle with the trauma of the abuse.
While handing down the sentence, Judge Muhammed Faisal spoke of the victim’s mixed feelings of sadness, regret and fear, as revealed in court.
He said their grief was caused by their close relationship with the defendant’s son, their regret at being betrayed by someone they considered a father, and their fear of being tied to the day the defendant would be released from prison.
Judge Muhammed Faisal stated that the sentence imposed must not only punish and deter the defendant, but also ensure that Miss A and Miss B can live long, peaceful lives, knowing they are safe from further harm.
This sentence should give them a chance to reclaim their future to live fully, live out their old age in peace, and to find solace for the loss of their childhood and youth.
In a statement issued by the Attorney General’s Office, the public is reminded that sexual offences, particularly those involving abuse of trust, carry severe penalties, including up to 30 years in prison and 12 lashes for an offense of rape under the section. 376 Penal Code, Chapter 22.