Anwar is finally charged for the offence of sodomy. A lot have been said about the issue of consent. Well, the following is an explanation on consent in a sodomy charge.
Consent is not a factor/element in a charge of sodomy. Anybody who engages in the act commits an offence. On that basis, saiful could also be an offender and charged. But since saiful was the one who filed a report against anwar, he becomes the witness against anwar. It remains to be seen whether the act was done with or without saiful's consent.
If in the trial it is shown that saiful consented to the act, then he is an accomplice and the weight of his evidence would be similar to azizan in 'sodomy I' and the court don't have to accept his evidence.
On the other hand, if it is shown that saiful did not consent to the act, he is a victim and his evidence, if found to be credible by the judge can be accepted.
Lets wait for the trial to begin and the story to unfold.
Showing posts with label anwar's sodomy. Show all posts
Showing posts with label anwar's sodomy. Show all posts
Thursday, August 7, 2008
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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