Latest news with #Act2009
The Herald Scotland
2 days ago
- The Herald Scotland
Explainer: Why men are having teen rape charges 'downgraded'
In her 2025 audit of group-based child sexual exploitation and abuse, Casey noted that while the legal age of consent is 16, prosecutions involving this age group are often dropped or downgraded—especially when a victim is said to have consented or been 'in love' with an adult perpetrator. READ MORE: Scots legal 'grey area' may let men avoid teen rape charges 'Open to interpretation' 'Although any sexual activity with 13–15-year-olds is unlawful, the decision on whether to charge, and which offence to charge with, is left more open to interpretation,' said Baroness Casey. The peer argues this flexibility is well-intentioned—designed to avoid criminalising young people close in age or those who mistakenly believe someone is older—but warns it is being exploited by adult men who groom children. Her recommendation: make all penetrative sexual activity between adults and under-16s automatically rape, as is the case in countries like France. What the law says in Scotland Age of consent Under the Sexual Offences (Scotland) Act 2009, the age of consent is 16. Any sexual activity involving a child under 16 is a criminal offence, even when both parties are underage. Children under 13 The law is unequivocal: sexual activity involving a child under 13 is automatically treated as rape or sexual assault. Consent is not a defence. Scottish Government guidance requires that any such concerns be escalated via local child protection procedures. Children aged 13–15 Sexual activity in this age group is illegal, but prosecution is more discretionary. Decisions may consider age gaps, coercion, grooming, and vulnerability. Cases can be referred to the Procurator Fiscal, the Children's Reporter, or managed through safeguarding rather than the criminal courts. National guidance and crime recording National Guidance on Under-Age Sexual Activity (2010): Advises that not all underage sexual activity is abuse, but significant age gaps or power imbalances should trigger child protection responses. Mandatory reporting applies to under-13s. Scottish Crime Recording Standard: Requires prompt recording of sexual crime reports. Categorisation depends on available evidence, including victim statements and corroboration. Maximum penalties Under the 2009 Act, the maximum sentence for sexual activity with a child under 16 is 10 years. Rape and assault by penetration can result in life imprisonment. Home Secretary announces law change in England and Wales On Monday, Yvette Cooper told MPs she would legislate to tackle this great area: 'We will change the law to ensure that adults who engage in penetrative sex with a child under 16 face the most serious charge of rape, and we will work closely with the Crown Prosecution Service and the police to ensure that there are safeguards for consensual teenage relationships.' Shadow minister calls for reform in Scotland Scottish Conservative shadow minister for victims and community safety, Sharon Dowey, said there could be alarming consequences if the law changes in England but not in Scotland: 'The Casey Review revealed some cases which will have deeply troubled the public and parents, given the age of those involved. 'They will be worried that the same grey area in the law could still exist up here where those who have sexually abused teenagers are not properly punished. 'If the rules down south are changed in light of these harrowing cases, then the law must be tightened up in Scotland as well to avoid any possibility of us becoming a safe haven for child abusers.' Summary The legal grey area flagged by Baroness Casey lies in how sexual activity with children aged 13–15 is handled: illegal by statute, but often inconsistently prosecuted. In Scotland, while the law criminalises all under-16 sexual activity and removes the possibility of consent for under-13s, the approach for 13–15-year-olds is more discretionary, which could lead to some cases being dropped or downgraded.
The Star
3 days ago
- Politics
- The Star
Former Senate deputy president pleads not guilty to 20 counts of bribery
SHAH ALAM: Former Senate deputy president Datuk Seri Mohamad Ali Mohamad has pleaded not guilty in the Sessions Court today to 20 bribery charges of accepting RM235,000 in cash and three luxury cars related to a Melaka land reclamation project. Mohamad Ali, 61, entered the plea after the charges were read separately before Judge Awang Kerisnada Awang Mahmud. As the managing director of a property development company, Mohamad Ali was charged with 17 counts of accepting bribes in cash ranging from RM5,000 to RM20,000, totalling RM235,000, from another company director who holds a 'Datuk' title. For the remaining three charges, he was accused of receiving three luxury vehicles from the same individual. The bribes were allegedly inducement for appointing the specified company as the contractor responsible for the construction and completion of reclamation works and related works under a project to reclaim 100 acres of coastal waters in Kota Laksamana, Melaka Tengah, Melaka, valued at RM45.1mil for mixed development. The alleged offences took place at two locations in Glenmarie and Sungai Buloh, Selangor, between January 2017 and Jan 20, 2025. The offences fall under Section 16(a)(A) of the Malaysian Anti-Corruption Commission (MACC) Act 2009. If convicted, they are punishable under Section 24(1) of the same Act, which carries a maximum penalty of 20 years in prison and a fine. The court granted Mohamad Ali bail of RM60,000 and also ordered the accused not to contact any prosecution witnesses. The case is set for mention on July 24. – Bernama
The Star
3 days ago
- The Star
Ex-sports dept head charged with bribery and false claims
Court day: Khairol (centre) walking out after claiming trial at the Sessions Court in Ayer Keroh to five charges of receiving bribes and submitting false claims. MELAKA: A former director of the Melaka Youth and Sports Department has claimed trial to five charges of receiving bribes and submitting false claims amounting to RM126,100. Khairol Adri Rosli, 51, entered his plea after the charges were read out before judge Elesabet Paya Wan at the Sessions Court in Ayer Keroh here. In the first charge, the accused is alleged to have submitted false documents concerning upgrading works for the tennis and petanque courts at the Melaka State Youth and Sports Complex amounting to RM126,100. The offence was allegedly committed at the Melaka Youth and Sports Department's office on Dec 8, 2023. The charge was framed under Section 18 of the Malaysian Anti-Corruption Commission (MACC) Act 2009, which is punishable under Section 24(2) of the same Act. If convicted, the accused could be imprisoned for up to 20 years and fined not less than five times the value of the false claim or RM10,000, whichever is higher. For the second to fifth charges, the accused is alleged to have received RM8,000 from Shaari So'od, 63, who had a vested interest in the upgrading works of the tennis and petanque courts at the Melaka Youth and Sports Complex. The offences were allegedly committed at four locations around the Melaka International Trade Centre and Bukit Baru between Sept 25, 2023, and June 25, 2024. For these offences, the accused was charged under Section 165 of the Penal Code, which carries a sentence of up to two years' imprisonment or a fine, or both, upon conviction. Deputy public prosecutor Sharina Farhana Nor Sa'ari proposed bail of RM25,000 for all charges with additional conditions. Defence lawyer T. Gajendran appealed for lower bail, saying that his client has to support three schoolgoing children, his wife and his mother. The court later granted bail at RM20,000 for all charges and fixed Aug 15 as the next mention date.
The Star
4 days ago
- The Star
Former Melaka govt dept director claims trial to bribery, false claims charges
MELAKA: A 51-year-old former director of the Melaka Youth and Sports Department has claimed trial to five charges of receiving bribes and submitting false claims amounting to RM126,100. Khairol Adri Rosli entered a plea of not guilty after all the charges were read out to him before Sessions judge Elesabet Paya Wan in Ayer Keroh on Tuesday (June 17). On the first charge, the accused is alleged to have submitted false particulars of upgrading works for the tennis and petanque courts at the Melaka State Youth and Sports Complex, amounting to RM126,100. The offence was allegedly committed at the Youth and Sports Department office on Dec 8, 2023. The charge was framed under Section 18 of the Malaysian Anti-Corruption Commission (MACC) Act 2009, punishable under Section 24(2), which provides for up to 20 years' jail and a fine no less than five times the value of the false claim or RM10,000, whichever is higher, upon conviction. For the second to fifth charges, he is alleged to have received RM8,000 from one Shaari So'od, 63, who had a vested interest in the upgrading works of the tennis and petanque courts at the complex. The offences were allegedly committed at four different locations around the Melaka International Trade Centre (MITC) and Bukit Baru here between Sept 25, 2023 and June 25 last year. For these offences, Khairol was charged under Section 165 of the Penal Code, which carries a sentence of up to two years in prison, or a fine, or both if found guilty. DPP Sharina Farhana Nor Sa'ari proposed bail of RM25,000 for all the charges with additional conditions. Lawyer T. Gajendran, representing the accused, appealed for a lower amount as his client has to support his family. The court set bail at RM20,000 for all charges and fixed Aug 15 for next mention.
The Star
5 days ago
- Business
- The Star
High Court grants Muhyiddin's request to transfer case
KUALA LUMPUR: The High Court has granted Tan Sri Muhyiddin Yassin's application to transfer his power abuse and money laundering case from the Sessions Court to the High Court. Justice Muhammad Jamil Hussin made the decision after hearing submissions from both parties on Monday (June 16). "I have deliberated on the submissions. The applicant has met the threshold for his case to be transferred and tried at the High Court under Section 417(1)(b) of the Criminal Procedure Code. "The three legal questions raised by the charges are extraordinarily difficult," he said. Justice Muhammad Jamil expressed confidence in the Sessions Court judge's expertise but felt it was "more expedient" for the High Court to determine the legal questions. "I hereby allow the application," the judge said. The court set July 14 for case management at the High Court. In the application filed on April 4, Muhyiddin cited complex legal issues and questions of unusual difficulty, particularly regarding the constitutionality of several provisions in the Malaysian Anti-Corruption Commission (MACC) Act 2009. According to the Bersatu president, the case is of public interest, attracting significant media coverage both domestically and internationally, and allowing the application would not prejudice the prosecution. On April 27, 2023, Muhyiddin filed an application to transfer the case, but he withdrew it on July 10 of the same year. In May, Muhyiddin submitted a second application for transfer. Muhyiddin, 77, was charged with four counts of using his position to obtain bribes totalling RM232.5mil in connection with the Jana Wibawa Project from Bukhary Equity Sdn Bhd, Nepturis Sdn Bhd, Mamfor Sdn Bhd, and Datuk Azman Yusoff for the party. He allegedly committed the offence at the Prime Minister's Office in Putrajaya between March 1, 2020, and August 20, 2021. Muhyiddin also faces three charges of receiving RM200mil from illegal activities, deposited into Bersatu's AmBank and CIMB Bank accounts. The offences were allegedly committed at AmBank, Amcorp Mall branch, Petaling Jaya on January 7, 2022, and at CIMB Bank, Menara KL Branch, Jalan Stesen Sentral between February 25 and July 16, 2021, and February 8 and July 8, 2022. Muhyiddin's lawyer Datuk Hisyam Teh Poh Teik and Deputy Public Prosecutor Datuk Wan Shaharuddin Wan Ladin appeared in the proceedings.
