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The Unexpected Development In The Recent Mongolian Women Rape Case

The Unexpected Development In The Recent Mongolian Women Rape Case

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Earlier this month, Malaysians were shocked when news broke that a policeman had raped and kept two Mongolian women hostage after stopping them at a movement control order (MCO) roadblock.

The two women, aged 20 and 37 years old, were stopped at a Petaling Jaya roadblock on their way home via an e-hailing ride on a Friday night (10th April). When the police inspector found out that the two had no valid travel documents, he allegedly brought them to a nearby hotel where they were assaulted.

Kept as prisoners for over 24 hours, the victims texted their friend to report the incident to the police. The women were rescued at 9.30pm on 11th April and the policeman was subsequently arrested the next day on 12th April.

(Credit: Pixabay)

When news of the incident broke, Petaling Jaya Police chief ACP Nik Ezanee Mohd Faisal said that the case is being investigated under Section 376(3) of the Penal Code for rape.

Right now, there are elements of rape. We are also looking at other charges as well. The victims have no valid travel documents. There are possibilities that the women are involved in the illicit sex trade but I want to make it clear that, in this case, they are the victims.

ACP Nik Ezanee Mohd Faisal, Police Chief of Petaling Jaya via Malay Mail.
Petaling Jaya police chief Nik Ezanee Mohd Faisal.
(Credit: Miera Zulyana/Malay Mail)

This seems to be a quite straightforward case right? Well,turns out there’s a surprising twist.

Malaysiakini reports that three Mongolians have been detained for 21 days after they made the police report on their friends’ rape.

An interim protection order (IPO) was issued against them at the Petaling Jaya Magistrate’s Court under the Anti-Trafficking in Persons and Anti-Smuggling of Migrants (Atipsom) Act 2007.

A lawyer engaged by the Mongolian consulate here to represent the three women told the news portal that they were shocked to hear that the IPO was for human trafficking instead of the rape.

It was just a case of the three women going to help (the Mongolian rape victims) and suddenly they found themselves under the interim protection order.

Matthew Thomas Philip to Malaysiakini.

The police claimed the three women are considered as victims in the human trafficking case, but the lawyer stressed that the Mongolian Consulate did not believe that they need to be under IPO for human trafficking.

In fact, several NGOs have stepped up to call for the women’s release and urged for the investigations to focus on the rape instead.

The Malaysian Bar also joins the chorus, stating that the use of Atipsom could potentially shift the focus on the investigation from the alleged rape to the background and status of the three women.

Care must be taken not to derail the primary offence here, which is the alleged rape of the two women.

Salim Bashir, President of the Malaysian Bar.
Salim Bashir, President of the Malaysian Bar.
(Credit: Yusof Mat Isa/Malay Mail)

Malaysian Bar President, Salim Bashir, recommends that the women should instead be protected under the Whistleblower Protection Act 2010 (“WPA”) as they may be deemed whistleblowers.

This would offer them more protection — particularly from unnecessary inquisition into their status — and would not require them to be further retained in any form of custody.

Salim Bashir, President of the Malaysian Bar.

The police inspector who allegedly committed the crime against the two women has been detained for five days to facilitate investigations for rape, but the authorities are seeking to extend the remand order.


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