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A 22-year-old woman who fatally stabbed her boyfriend after he threatened her with a knife when she refused to have sex has been sentenced to six years and six months in prison by the Johor Bahru High Court
She was initially charged with murder under Section 302 of the Penal Code, which carries the death penalty.
However, after representations by her lawyer, Farhan Read, the prosecution, led by Deputy Public Prosecutor Juliana Jaffar, agreed to reduce the charge to culpable homicide not amounting to murder under Section 304.
The accused pleaded guilty to the reduced charge.
Judge Kan Weng Hin, in his written judgment, said the case illustrated the devastating consequences of failing to respect consent in a relationship.
"The refusal to accept 'no' as an answer in a relationship can be deadly and devastating," he said.
According to court documents, the incident took place on the night of 20 September 2022 at a hotel near Jalan Austin Heights in Johor Bahru, where the couple, who had been together for about a year, had checked in earlier that day.
That night, the man demanded sex.
The accused, who was then 19, refused, explaining that she was on her menstrual period. Her refusal angered the 29-year-old, and he responded by threatening her with a knife.
Fearing for her safety, she tried to wrestle the weapon away.
In the struggle that followed, the knife pierced his chest more than once.
When he collapsed, she panicked and immediately called her mother for help. Her mother and stepfather arrived shortly after and, upon discovering the man's body, contacted the police.
She was arrested that night.
In his decision, Judge Kan acknowledged that while the act could not go unpunished, the circumstances surrounding it warranted compassion
"At the young age of 19, she had killed her boyfriend in a struggle over his demand for sex," he said, noting that she had cried uncontrollably during the hearing and could not bear to look at the crime scene photographs.
"She is obviously still traumatised by the incident. Forever she will carry the nightmare of that night with her."
The judge said the court must also consider her youth and the principle of tempering justice with mercy for young offenders.
"What is to be gained by extracting a pound of flesh when young offenders are subjected to long incarceration?" he said, referencing Shakespeare's 'Merchant of Venice'.
"A long incarceration would not only make assimilation harder when the young offender is released but would compound the already overcrowded situation in prison."
The judge also ordered that the woman's identity be protected to allow her a chance at rebuilding her life once she completes her sentence
In his written judgment, he said the decision was made to shield her from public stigma and allow her to reintegrate into society.
"In view of the age of the accused and the long-lasting impact of social media, the name of the accused has been abbreviated. It is hoped that by doing so, the accused will have a chance to assimilate into society and live a normal life after she has served her sentence.
"It is important that her offspring, if any, will not be stigmatised. After all, once she has paid the price by serving her sentence, she should be allowed to fade back into society and not be subjected to public scrutiny," he said.
Both the prosecution and the defence have filed appeals against the decision.
If you or someone you know may be at risk or has experienced sexual abuse or assault, please reach out to these Malaysian organisations:
1. WOMEN'S AID ORGANISATION (WAO)
Operating hours: 24-hour
Contact: +603-30008858
SMS/WhatsApp: +6018-9888058
Website | Facebook | Twitter
2. ALL WOMEN'S ACTION SOCIETY (AWAM)
Operating hours: Weekdays (9.30am – 4.30pm)
Contact: +603-78770224
WhatsApp: +6016-2284221 | +6016-2374221
Email: [email protected]
Website | Facebook | Twitter
3. WOMEN'S CENTRE FOR CHANGE PENANG (WCC PENANG)
Operating hours: Weekdays (9am – 5pm)
Contact: +604-2280342 | +604-3988340
WhatsApp: +6011-31084001 | +6016-4390698
Email: [email protected]
Website | Facebook | Twitter
4. SARAWAK WOMEN FOR WOMEN SOCIETY (SWWS)
Operating hours: Monday to Friday (9am to 5.30pm)
Contact: +6082-422660
SMS/WhatsApp: +6013-8044285
Email: [email protected]
Website | Facebook | Twitter
5. SABAH WOMEN'S ACTION-RESOURCE GROUP (SAWO)
Operating hours: Monday to Friday (9am to 2pm)
Contact: +6088-280200
Email: [email protected]
Website | Facebook | Twitter
6. PROTECT AND SAVE THE CHILDREN (PS THE CHILDREN)
Operating hours: Monday to Friday (8.30am to 5.30pm)
Contact: +6016-2273065 | +6016-7213065
WhatsApp: +6016-7213065
Email: [email protected]
Website | Facebook | Twitter
7. INTERNET WATCH FOUNDATION (IWF)
Anonymously and confidentially report child sexual abuse content and non-photographic child sexual abuse images with IWF's Reporting Portal.
8. HEAL
Contact: 15555
