A biologically born woman was not guilty of sexual assault

The high court ruled that a transgender man (who is biologically a female) was not guilty to six counts of six charges of sexual penetration of a minor yesterday (12 Apr).

Zunika Ahmad, 39, was born a female but has lived as a man since he was a teenager. He even married two women with a sham Indonesian male identity.

Zunika sexually abused an underaged girl and is guilty of six charges of sexual penetration and one charge of child exploitation under the Children and Young Persons Act, December last year.

A loophole in the law?

Zunika sexually penetrated the underaged girl with external aids.

Justice Kan said, “a doubt whether a woman could be charged with an offence under Section 376A(1)(b) arose in my mind”, as reported by The Straits Times.

True enough, the law states:

Any person (A) who sexually penetrates, with a part of A’s body (other than A’s penis) or anything else, the vagina or anus, as the case may be, of another person (B)

Which means, the sexual offence is only committed when a body part is being used for penetration and in this case, Zunika used external aids.

Because of biological reasons, Zunika was cleared and he will only be serving the count of sexually exploiting a minor, in six weeks time.

This conclusion highlighted a possible loophole in the law —  because sexual penetration did take place, regardless of possessing the necessary anatomy or not.

This loophole left many berated

Many were furious because sexually penetrating a minor is still an offence, no matter what the offender used.

Because regardless, the victim still suffered from the ordeal and regardless of the offender being a male or female.

The reason why Justice Kan  had to clear Zunika of her six charges of sexual penetration was because of the legislation and the fact that none of her body parts were involved during penetration.

Justice Kan said “If a court were to interpret A (the offender) to include a woman, it would be rewriting the law”.

kjSource 

That is the issue: a finger is part of your body but external aids are not, according to the law.

sgb
Source
dgSource

Should the legislature be updated?

 

The whole point of the judicial system is to seek justice for those who are victims of crimes.

In this case, it appears there’s a loophole present resulting in the offender not being charged for his horrendous act.

The law should be updated and apply equally to anyone who commits such a crime, regardless of their gender.

In this day in age, there are plenty of external aids available and the possibility of sexual assaults certainly goes beyond genders.

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Featured image via Wikipedia
With reference to The Straits Times