Sentencing disparities in rape: a legal review / Wan Amalina Hamizah Wan Zaidi … [et al.]

Rape is a serious sexual crime and it is a growing problem in Malaysia. It degrades the human's value and demarcates women's dignity. In Malaysia, although harsh punishment have been provided for rapist, these set of sanctions are not compulsory in nature. It is the discretionary powers of...

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Main Authors: Wan Zaidi, Wan Amalina Hamizah, Emmanuel, Winona, Abdul Rahim, Nur Ain Izzati, Ghaffar @ Basrani, Nabila Asyiqin, Ahmad, Nurul Alia
Format: Student Project
Language:English
Published: Faculty of Law 2014
Subjects:
Online Access:http://ir.uitm.edu.my/id/eprint/28275/
http://ir.uitm.edu.my/id/eprint/28275/1/28275.pdf
id uitm-28275
recordtype eprints
spelling uitm-282752020-02-12T04:15:27Z http://ir.uitm.edu.my/id/eprint/28275/ Sentencing disparities in rape: a legal review / Wan Amalina Hamizah Wan Zaidi … [et al.] Wan Zaidi, Wan Amalina Hamizah Emmanuel, Winona Abdul Rahim, Nur Ain Izzati Ghaffar @ Basrani, Nabila Asyiqin Ahmad, Nurul Alia Criminal law and procedure Rape is a serious sexual crime and it is a growing problem in Malaysia. It degrades the human's value and demarcates women's dignity. In Malaysia, although harsh punishment have been provided for rapist, these set of sanctions are not compulsory in nature. It is the discretionary powers of the court in punishing the offenders. Thus, sentencing disparities emerged in consequences of different approaches used by courts. This study intends to review the sentencing disparities in rape offence in Malaysia as to what extend does the court departed from statutory sanction laid down in Penal Code for rape offence. Other than that, this study also analyzes the different approaches used by the states of Virginia and Minnesota in handling this issue. For this purpose, the relevant provisions in the Penal Code Act 574 are reviewed and judgments given by the courts are also taken for analyzing the factors sentencing disparities. There are loopholes in the existing laws that can be improved in order for the court to achieve consistencies in giving sentence to the rapist. A sentencing guideline is proposed as a recommendation from our team. Faculty of Law 2014-06 Student Project NonPeerReviewed text en http://ir.uitm.edu.my/id/eprint/28275/1/28275.pdf Wan Zaidi, Wan Amalina Hamizah and Emmanuel, Winona and Abdul Rahim, Nur Ain Izzati and Ghaffar @ Basrani, Nabila Asyiqin and Ahmad, Nurul Alia (2014) Sentencing disparities in rape: a legal review / Wan Amalina Hamizah Wan Zaidi … [et al.]. [Student Project] (Unpublished)
repository_type Digital Repository
institution_category Local University
institution Universiti Teknologi MARA
building UiTM Institutional Repository
collection Online Access
language English
topic Criminal law and procedure
spellingShingle Criminal law and procedure
Wan Zaidi, Wan Amalina Hamizah
Emmanuel, Winona
Abdul Rahim, Nur Ain Izzati
Ghaffar @ Basrani, Nabila Asyiqin
Ahmad, Nurul Alia
Sentencing disparities in rape: a legal review / Wan Amalina Hamizah Wan Zaidi … [et al.]
description Rape is a serious sexual crime and it is a growing problem in Malaysia. It degrades the human's value and demarcates women's dignity. In Malaysia, although harsh punishment have been provided for rapist, these set of sanctions are not compulsory in nature. It is the discretionary powers of the court in punishing the offenders. Thus, sentencing disparities emerged in consequences of different approaches used by courts. This study intends to review the sentencing disparities in rape offence in Malaysia as to what extend does the court departed from statutory sanction laid down in Penal Code for rape offence. Other than that, this study also analyzes the different approaches used by the states of Virginia and Minnesota in handling this issue. For this purpose, the relevant provisions in the Penal Code Act 574 are reviewed and judgments given by the courts are also taken for analyzing the factors sentencing disparities. There are loopholes in the existing laws that can be improved in order for the court to achieve consistencies in giving sentence to the rapist. A sentencing guideline is proposed as a recommendation from our team.
format Student Project
author Wan Zaidi, Wan Amalina Hamizah
Emmanuel, Winona
Abdul Rahim, Nur Ain Izzati
Ghaffar @ Basrani, Nabila Asyiqin
Ahmad, Nurul Alia
author_facet Wan Zaidi, Wan Amalina Hamizah
Emmanuel, Winona
Abdul Rahim, Nur Ain Izzati
Ghaffar @ Basrani, Nabila Asyiqin
Ahmad, Nurul Alia
author_sort Wan Zaidi, Wan Amalina Hamizah
title Sentencing disparities in rape: a legal review / Wan Amalina Hamizah Wan Zaidi … [et al.]
title_short Sentencing disparities in rape: a legal review / Wan Amalina Hamizah Wan Zaidi … [et al.]
title_full Sentencing disparities in rape: a legal review / Wan Amalina Hamizah Wan Zaidi … [et al.]
title_fullStr Sentencing disparities in rape: a legal review / Wan Amalina Hamizah Wan Zaidi … [et al.]
title_full_unstemmed Sentencing disparities in rape: a legal review / Wan Amalina Hamizah Wan Zaidi … [et al.]
title_sort sentencing disparities in rape: a legal review / wan amalina hamizah wan zaidi … [et al.]
publisher Faculty of Law
publishDate 2014
url http://ir.uitm.edu.my/id/eprint/28275/
http://ir.uitm.edu.my/id/eprint/28275/1/28275.pdf
first_indexed 2023-09-18T23:19:56Z
last_indexed 2023-09-18T23:19:56Z
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