A 25-year-old female tourist from China reportedly escaped a sexual assault attempt at a resort in Sabah, Malaysia, in September.
In relation to the incident, an 18-year-old foreign security guard was arrested and later sentenced to two years in prison for trespassing.
Police said a separate investigation into allegations that he assaulted the woman with intent to outrage her modesty is ongoing.
According to HK01, the incident happened at around 3am on 19 Sept at a resort in Semporna.
The victim, Ms Huang (name transliterated from Mandarin), was sleeping alone when a man broke into her room.
She woke up to find him undressing her and grabbing her hand.
The two began to struggle, with the man pulling the victim’s hair and dragging her to the ground.
Source: HK01
Ms Huang managed to escape after tricking the suspect into going to take a shower.
She then ran up a nearby hillside and hid in the bushes until resort staff found her the following morning.
She suffered injuries in the incident, including abrasions and extensive insect bites from being in the bushes.
Police arrested the suspect, identified as Amir Kahal, at the resort at around 8pm on 19 Sept.
The Semporna Magistrate’s Court subsequently sentenced him to two years in prison under Section 448 of Malaysia’s Penal Code for house-trespass.
A police notice shared by Ms Huang also noted that Amir, a foreign national, will be handed over to the Immigration Department after serving his sentence.
Source: HK01
Ms Huang said she has questioned the police why charges such as outrage of modesty or attempted rape were not included.
Police said the investigation under Section 354, covering assault or use of criminal force with intent to outrage a person’s modesty, remains ongoing.
Source: HK01
They reportedly told Ms Huang that the case would be evaluated based on available physical evidence and legal elements. They stated:
“Upon completing necessary investigative steps, the matter will be submitted to the Deputy Public Prosecutor (DPP) for further instructions and appropriate legal action will be considered in accordance with applicable law and criminal procedure.”
Police also suspect that Amir had entered or remained in Malaysia without a valid pass.
He is scheduled to face a separate charge under Section 6(1)(c) of the Immigration Act 1959/63 on 5 Nov.
Source: HK01
The authorities also warned that employers who hire illegal immigrants without valid permits will face legal action.
Similar action may be taken against people who knowingly allow undocumented individuals to stay in their premises, The Star reported.
Ms Huang said the suspect worked as a security guard at the resort and that she had never met him before the incident.
Source: HK01
However, she suspected that he may have seen her check in alone.
She also told Beijing News that she has been unable to sleep at night since the incident.
The victim later said the resort had agreed to a settlement and proposed covering expenses including her disrupted flight and accommodation costs.
However, the resort denied responsibility for the incident, according to Xiaoxiang Morning Post.
Ms Huang claimed she had not received the proposed compensation as of early October, although the resort had covered some medical expenses and arranged alternative lodging for three nights after the attack.
The victim has also engaged a lawyer to help her seek compensation and pursue those responsible.
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Featured image adapted from HK01.