A 36-year-old Bruneian man was sentenced to 27 years’ imprisonment and 15 strokes of whipping on August 12, after being convicted by the High Court of raping his 10-year-old daughter.
The conviction arose from an offence committed on September 6, 2024 at a family residence in Brunei Darussalam, where the defendant, as the victim’s father, was in a position of trust and authority over her.
The defendant was charged under Section 376(3)(c) of the Penal Code, Chapter 22, which provides for imprisonment of between 15 and 30 years and whipping of not less than 12 strokes where rape is committed against a girl below 14 years of age by a person in a position of trust or authority.
According to the evidence before the High Court, the victim was bathing with her younger sister when the defendant entered the bathroom. He instructed the younger child to leave while requiring his daughter to remain.
The victim testified that the defendant subsequently subjected her to sexual acts before having sexual intercourse with her. She told the Court that she experienced pain and cried during the incident, while the defendant warned her to remain quiet.
The incident came to light on September 8, 2024, when the victim disclosed what had happened to her maternal aunt during a family wedding. The disclosure was subsequently made to her grandmother, who contacted the authorities.
Following the report, the relevant authorities took steps to ensure the victim’s safety, and she was subsequently taken for a medical examination.
During the trial, the victim gave evidence through a live video link. The High Court also considered her recorded interview, evidence from family members, medical findings and statements made by the defendant to police.
The defendant denied committing rape and challenged the prosecution’s evidence. He also claimed that statements he had given to police were obtained under pressure.
The Court rejected his arguments and found the victim’s evidence to be clear, coherent and compelling. The Court further found that the defendant’s statements had been recorded voluntarily and that his admissions were consistent with the victim’s account.
Medical evidence found redness around the vaginal area, although no obvious tear to the hymen was detected. The medical evidence did not exclude the possibility of penetration.
In its judgment dated July 4, the High Court, presided over by Judicial Commissioner Muhammed Faisal PDJLD DSP (B) Haji Kefli, found that the Prosecution had proved the charge beyond reasonable doubt and convicted the defendant.
The subsequent sentencing on August 12 resulted in a term of 27 years’ imprisonment and 15 strokes of whipping, as stated in the Attorney General’s Chambers’ press release.
The case was prosecuted by Deputy Public Prosecutor Hajah Siti Mu’izzah Haji Sabli on behalf of the Public Prosecutor.