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Judicial CP - December 1996

Borneo Bulletin, BSB, 13 December 1996

Jailed for having sex with a minor

By Arman Gunsika

A 25-year old man who admitted having sex with his underaged girlfriend about six years ago was jailed six years and ordered to be caned once by the Sessions Court here.

Jaibinson Magigi now married with three children admitted having sex with the girl inside a hut at Kampung Masilau, Kundasang at about 10 pm on July 21, 1990 after a 'Tapai session'.

Judge Abdul Karim Abdul Jalil said before sentencing Jaibinson that having sex with a girl under 16 even with her consent is considered statutory rape.

Earlier prosecuting officer ASP Fadzil Mohd Ali told the court that Jaibinson was only arrested four days ago after a warrant of arrest was issued against him when he failed to turn up to face the charge in 1993.

ASP Fadzil said Jaibinson offered to send his former girlfriend and her home after he met them at Ranau town in the afternoon on July 21, 1990. However, the trio met Jaibinson's friends who had a car and went for joyride.

Instead of sending back the two girls to their homes, they drove to Kampung Masilau and stayed overnight at another friend's house. They had a 'Tapai session' that night before going to bed.

Jaibinson made love with the girl that night. The girl and her female companion were sent home the next day and the victim lodged a police report two days later claiming she was raped by Jaibinson.

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� Colin Farrell