Sunday, July 27, 2008

and the plot thickens...

the famous anus saga has seen so much twists and turns in its plot and it's certainly not over yet. RPK recently wrote another article and posting a doctor's report on saiful which shows no active bleeding, no pus from his anus. RPK then concluded that the report is conclusive evidence that Saiful was not sodomised by anwar.

how easy it would be if things are that simple. while the doctor's report is certainly relevant, it does not disprove Saiful's allegation. the absence of tear/bleeding/pus from the anus does not mean sodomy did not take place. what it can show is that no physical force is used in the act.

what people need to bear in mind is that, for the act to be an offence, physical force need not be proved. and just because force is not used, it does not mean that the act was done with the victim's consent.

consent can be negatived by factors such as threats (of death or hurt), undue influence, mental or physical disability, or if the victim is under the influence of drug or alcohol. this can only be determined after an investigation is completed. This comment on what is written on the medical report from husin lempoyang's blog is really interesting and it shows that sodomy actually takes place...

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