A 43-year-old man was sentenced to 40 years and 6 months’ imprisonment and 17 strokes of whipping by the High Court on Monday for multiple sexual offences against his two nieces.
The offences, which included rape, outraging modesty, voyeurism and recording obscene videos involving a child, were committed over more than a decade.
All parties in the case cannot be named due to a gag order imposed by the High Court.
Justice Muhammad Faisal bin PDJLD DSP Haji Kefli described the crimes as “heinous and audacious,” highlighting the defendant’s exploitation of his familial role and condemning his actions as a profound betrayal of trust.
The abuse began in 2011 when the elder niece, referred to as Miss A, was just seven years old. Her younger sister, Miss B, was similarly victimised starting at the same age. The defendant, a widower with two sons, had been entrusted with caring for his nieces, who frequently stayed at his home.
In one incident in early 2022, while his bedridden wife was in the living room, the defendant sexually abused Miss A and recorded the act. In another instance, shortly after his wife’s death, the defendant raped Miss A while his two young sons were in the same room.
The abuse came to light in July 2022, when the victims confided in their mother. Acting swiftly, she lodged a police report, leading to a thorough investigation by the Women and Children Investigations Unit, Criminal Investigations Department, Royal Brunei Police Force. Investigations uncovered incriminating evidence on the defendant’s mobile phone, including numerous photographs and video recordings of the abusive acts.
Initially, the defendant pleaded not guilty. Midway through the trial, after six prosecution witnesses, including both victims, had testified, he changed his plea to guilty for all 15 charges. The Court noted that his late plea came too late to spare the victims from the emotional burden of testifying and afforded him only a minimal sentencing discount.
In mitigation, the defendant sought leniency, admitting full responsibility of his actions and citing that he is now a single father with two young sons who depend on him.
Deputy Public Prosecutors Nurul Fitri Kiprawi and Abdul Hanan Haji Erwan, in their submissions, emphasised the overwhelming aggravating factors in the case. They highlighted the defendant’s calculated and predatory behaviour, the repeated nature of the abuse spanning more than a decade, and the gross violation of trust.
The Court agreed with the prosecutors’ submissions, also acknowledging the profound psychological harm inflicted on the victims, who continue to struggle with the trauma of the abuse.
Reports submitted to the Court detailed the severe emotional distress endured by both victims. Miss A, now 20, was found to suffer from anxiety, depression, and emotional conflict. Miss B, now 17, exhibited signs of low self-esteem and heightened anxiety, with clinical assessments indicating that both victims would benefit from ongoing psychological support.
The Court acknowledged the enduring impact of the abuse on their mental health and well-being.
Delivering the sentence, Justice Faisal remarked on the victims’ mixed feelings of sadness, regret, and fear, as revealed in court. He noted that their sadness stemmed from their continued closeness to the defendant’s sons, their regret arose from being betrayed by someone they regarded as a father figure, and their fear was tied to the day the defendant would be released from prison.
In imposing the sentence of 40 years 6 months imprisonment and 17 strokes of whipping, Justice Faisal added that the punishment must not only be met with strong deterrence but to also provide the victims an opportunity to rebuild their lives in peace.
