TABLE OF CONTENTS

Contents

Introduction................................................................................................................................2

Synopsis about the case..............................................................................................................3

Critical analyis...........................................................................................................................4

Theories......................................................................................................................................5

Crime prevention......................................................................................................................10

Conclusion................................................................................................................................13

Reference..................................................................................................................................14

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Introduction

These days we often heard in the news about rape. A stranger rape a stranger, uncle rape his

niece or nephew or even a father rape his own daughter or son. Rape can be defined when

someone force you to have sex with them. In law, rape is limited to the insertion of the penis

into your vagina against your will. If you are under 16 years of age, sex with or without your

consent is statutory rape. Sexual assault includes forced anal sex, and the insertion of objects

into your vagina, mouth or anus. Rape is not an “over-spill” of sexual energy, it is where a

human being cannot control their sexual behaviour.  It is not an impulsive crime. Men always

said that they cannot control their sexual urges they always see that woman wear a

provocative dress. Rape is not prompted by provocative dress. Many students, women in

tudung and of all ages have been raped. Even a baby with a diaper have been raped. Do they

think these sexy? Section 376 of the Penal Code states that whoever commits rape shall be

punished with imprisonment for a term which may extend to twenty years and shall be liable

to whipping. For every rape case that is reported, nine go unreported as woman are scared

what the society will think about them. We live in a society where people will blame a rape

victim that causing for them to be raped. Why they are should be blamed? Why the rapist is

not being blamed? There are the one who cannot control their sexual urges and release the

sexual urges to an innocent person.

There is several 37, 263 rape cases, involving girls as young as six, reported from 2000 until

2015. This which means there is an average of eight rape cases reported daily in the country,

statistics based on a Parliamentary reply to Batu Kawan MP Kasthuri Patto last year. The

shocking statistics showed more than half of the total rape cases were committed against

minors between the ages of 13 and 15, with up to 16, 265 victims and followed closely

behind by 10, 289 victims over the age of 18. Out of the 37,263 cases, 2,854 victims were

sodomized while 4,739 were incest-rape cases.

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 1. Write a synopsis about the case based on available material.

My case is about an unemployed man, Muhammad Awari, 25 was charged with the rape-

cum-murder of Yashmin Fauzi, then 25, at a house in Kampung Batu Papan, Gua Musang,

between 12.20am and 2am on March 1, 2015. From the investigation it is said that

Muhammad Awari at first only wanted to rob the house but he ended up rape and killed the

victim. At first Muhammad Awari planned to bring only a wood as a weapon to rob the

victim house but changed his mind and bring a cleaver which is identified as the murder

weapon. Yashmin Fauzi was dead because slashed on her neck cause by Muhammad Awari

who broke into her rented house in Kampung Batu Papan when his husband, Mohd Azrul

Isahak, 30, who was also a volunteering police at the Gua Musang District Police

Headquarters. Victim’s husband, Mohd Azrul said that he was feeling uneasy and lost focus

when he was doing his job and asked permission to leave his office for a while but found his

wife full of blood, in a state of unconsciousness, naked and fatigued on the street, 100 meters

from his house. Deputy public prosecutor Shaharaliza Ab Razak prosecuted, while

Mohammad Awari was represented by lawyer Latifah Ariffin.

Muhammad Awari was charged with two charges which is under Section 302 of the Penal

Code, which carries the death sentences upon conviction, for murder, and under Section

376(4) of the Penal Code for causing her death while raping her. Section 302 of the Penal

code state that punishment for murder where whoever commits murder shall be punished

with death. Section 376(4) state that whoever whilst committing or attempting to commit rape

causes death of the woman on whom the rape is committed or attempted shall be punished

with death or imprisonment for a term of not less than fifteen years and not more than thirty

years and shall be punished with whipping of not less than ten strokes.

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Muhammad Awari tried to defend himself by telling the court that he did not planned or have

an intention to rape and murder her. The court could not accept the excuse as investigation

revealed there were two slashes wound on the victim’s neck. Muhammad Awari was also in a

sane state when he was doing the crime. His defend also cannot be accepted as he changed

his weapon before going to the house. The victim’s son aged five years old which is called to

testify, also claimed that his mother was slashed on the neck. Muhammad Awari confess to

the court that he rapes the victim after he injured the victim. The court sentenced Muhammad

Awari to 18 years’ jail and to be given 12 strokes of the rotan for raping the victim and as for

the murder Muhammad Awari was sentenced hanging to death.

CRITICAL ANALYSIS

This assignment is a critical analysis of results of violating the Criminal Law in Malaysia. In

this case the criminal violating two section of Penal Code which is Section 302 and Section

376(4). In criminology point of view, the penalization for Muhammad Awari are appropriate

for the offence he had done. The offender is charged with two charges which is Section 302

and Section 376(4). As Section 302 stated that whoever commits murder shall be punished

with death where Muhammad Awari killed the victim by slashed her neck by using a cleaver

which then is identified as a murder weapon. In Section 376(4) states that whoever whilst

committing or attempting to commit rape causes death of the woman on whom the rape is

committed or attempted shall be punished with death or imprisonment for a term of not less

than fifteen years and not more than thirty years and shall be punished with whipping of not

less than ten strokes. Muhammad Awari also confess that he rapes the victim after he injured

the victim which caused the death of the victim. He also left the victim 100 metre from her

house naked which later found by her husband.

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 2. Discuss the profile ONE offender OR victim based on TWO theories (with

examples).

The offender in this case, Muhammad Awari can be discussed in rational choice theory.

Rational choice theory was first introduced by economists and later adopted by criminology

studies in the late 1970s. Rational choice theory in criminology grew out of same practical

philosophy as deterrence associated with the classical school of criminology developed by

Cesare Beccaria. Rational choice theory adopts a useful belief that man is a perceptive actor

who weighs his action, whether his action is good or bad, the costs and benefits for them, and

makes a rational choice. Criminal behaviour is motivated by many things such as anger,

greed, lust, thrills, jealousy, or any number of many reasons. The main point is a criminal

behaviour is all about attempt to gain some sort pleasure for the criminal or to remove some

dissatisfaction. Rational choice theorists are soft determinist because while they believe that

criminal behaviour is ultimately a choice, the choice is made in the context of personal and

situational constraint and opportunities. Rational choice theory argues that people voluntarily,

deliberately choose to commit criminal acts such as burglary, car theft, and assault just like

they deliberately choose to do other things, such as work in a grocery store, go to college, or

use recreational drugs. In this theory, then, criminal acts are the product of choice, which

means that the criminal are the one who make the choice to commit the crimes. Using a

rational choice approach, Proulx et al. (1995) analyzed the decisions and behaviors of sexual

offenders against children to better understand their crime commission process. They found

that the offender has to make a series of choices before sexually abusing a child. The choices

are choice of hunting field, which is the type of area where offenders hunt for victims (for

example, prostitution market, love-lines, family) (Beauregard et al. 2007b). The second

choice is choice of the time of the attack. Thirdly, choice of a victim, according to his or her

erotic value, to his or her vulnerability, and to his or her familiarity. Next, choice of strategy

5
used to approach the victim. The last choice is choice of strategy to get the victim involved in

sexual activity. This study suggested also that the strategies adopted by a sexual offender may

be influenced by situational factors (for example, a public hunting field and a stranger victim

are characteristics that may be related to the use of coercion for obtaining sexual contact). In

this case, Muhammad Awari had the choice not to do the crime. There is some evidence in

this case that shown that Muhammad Awari had the chance to make a rational choice before

he done the crime. Firstly, he only wanted to rob the house but ended up rape and killed the

victim, Yashmin Fauzi. He could have only robbed the house but instead he rapes and killed

the victim. At the time of the crime the husband of the victim is not at the house which make

that Muhammad Awari already planned to rob the house and as it was explained earlier

Muhammad Awari must make series of choice which are firstly, the choice of hunting field,

which is the type of area where offenders hunt for victims. Muhammad Awari choose to go to

the victim’s rented house. The second choice is choice of the time of the attack. Muhammad

Awari choose the time when the victim’s husband is working. Thirdly, choice of a victim,

according to his or her erotic value, to his or her vulnerability, and to his or her familiarity.

Muhammad Awari choose her because he may think that the victim is vulnerable as her

husband is not at the house. Next, choice of strategy used to approach the victim. Muhammad

Awari bring a weapon to scare the victim. The last choice is choice of strategy to get the

victim involved in sexual activity. Muhammad Awari slashed her neck than rape her.

Next theory is social bond theory. There are many control theories, but the most famous is

Travis Hirschi’s social bond theory (1969). Social bonding theory is a control theory built

upon the hypothesis that people are inherently self‐interested, therefore, it seeks to explain

why some people stay away from doing any crime that involve in any crime. The theory

posits that these types of behaviour is caused by weakened or broken social bonds with law‐

abiding people and institutions. Social bonding theory caught the attention of theorists and

6
researchers alike, resulting in a wide variety of empirical tests, heated debates, and theoretical

growth. It is one of the more prominent control theories found in criminological literature.

Travis Hirschi deduced that people who commit crime usually lack the four elements of

social bond that form the foundation of prosocial behaviour which is attachment,

commitment, involvement and belief. Absent these four elements, a person is prone to engage

in some sort of deviance.

The first element of the social bond is attachment. Attachment is the emotional component of

conformity and refers to the emotional bonds existing between the individual and key social

institutions such as the family and the school. In attachment need a psychological presence.

Attachment to prosocial others is the foundation for all other social bonds because it leads us

to feel valued, respected, and admired and to value the favourable judgements of those to

whom we are attached. When we done a good deed of our behaviour can be an attempt to get

a good judgement from people or groups we care about. Lack of attachments to parents and

lack of respect for their wishes easily spills over into a lack of attachment and respect for the

broader social groupings of which the child is a part. Much of the controlling power of others

outside the family lies in the threat of reporting misbehaviour to the parents. If the controlled

exercised by others has little it may because of the little respect the child had in the parental

sanctions as parental play the important role in the respect department. Attachment to parents

provides the foundation for attachment to social institution and to commitment to a prosocial

career, involvement in prosocial activities, a belief in prosocial values, and the foundation for

a happy and law-abiding life. A quote from Hirschi “if a person feels no emotional

attachment to a person or institution, the rules tend to deny legitimacy.”

The second elements are commitment. Commitment is the rational component of conformity

and refers to a lifestyle in which one has invested considerably time and energy in the pursuit

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of a lawful career. People who have a stable lifestyle and job and invest heavily in a lawful

career have a valuable stake in conformity and are not likely to risk it by involving in crime.

School dropouts and the unemployed do not have strong investment in conventional

behaviour as they do not have a stable lifestyle and therefore they are more prone to

committing crime. The more ambitious the person is, the less likely the person to commit

crime. Acquiring a stake in conformity requires disciplined application to tasks that children

do not enjoy but they just follow the order from the parents because they want to gain

approval from the parents. Attachment is thus the essential foundation for commitment to a

prosocial lifestyle.

Next, involvement. Involvement is a direct significance of commitment, it is a part of an

overall straight pattern of existence. Involvement is a matter of time and energy compression

placed on us by the demand of our lawful activities that reduce exposure to illegal

opportunities. Conversely, non-involvement in conventional activities increase the possibility

of exposure to illegal activities.

Lastly, the last elements are belief. Belief are the acceptance of the social norms regulating

conduct. Persons lacking attachment, commitment, and involvement tend not to believe in

conventional morality. A belief system empty of conventional morality is concerned only

with narrow self-interest. Control theory does not view a criminal belief system as motivating

criminal behaviour. Criminals act according to their urges then they justify their own

wrongdoings. For an example the criminal uses the statements such as that their victims

deserve what they get. For control theorists, behaviour gives birth to the belief rather than

vice versa. The stronger of an individual belief in conventional order, the less likely to

involve in any crime. It is important to realize that crime is not motivated by the absence of

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these four elements as their absence only represents the social absences that results in

reduction of the perceived potential costs of committing it.

Based on my offender, Muhammad Awari, he involves in two elements of social bond which

is commitment and belief. For commitment, Muhammad Awari is an unemployed man. Thus,

he did not have strong in conventional behaviour and therefore he commit a crime. People

who have rational will not prone to commit crime as they will think before they act. As for

belief, it related to the low morality. If Muhammad Awari has high morality he will not rape

and killed the victim even though knowing that the victim has a five-year-old son. He will

also not left the victim 100 metre from the victim’s house naked. He also change his weapon

from wood to cleaver before going to the victim’s house. All this example are to show how

the offender has low morality.

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 3. Discuss how the crime could be prevented using primary OR secondary

crime prevention.

Primary prevention deals with eliminating influences in the physical and social environment

that cause irregular behaviour. Such programs do not target individuals who are already

criminal or inclined to criminal behaviour, except in a most incidental sense. Instead, primary

prevention programs work with general physical and societal factors that provide the

opportunity for abnormality to occur. Primary prevention address individual & family level

factors correlated with later criminal participation. Primary crime prevention is for stopping

crime before it happens. Secondary crime prevention is alarmed with intervening in those

situations and with those persons who display an inclination toward criminal behaviour.

Secondary prevention refers to techniques focused on at risk situations such as youth who are

dropping out of school or getting involved in gangs. Secondary crime prevention is to change

or stop people from embarking on a criminal career. The ways the crime could be prevented

using primary crime prevention will be discusses.

In primary crime prevention it focuses more on action before the condition of concern

develops. In the area of sexual violence, it means that before any sexual violence occur,

intervening the case to reduce the number of new cases of sexual violence occurs (WHO,

2007). It is intended to prevent initial perpetration or victimization (Lee et al., 2007).

Interventions can be delivered to the whole population or to particular groups where the

group has higher risk to involve or experience in violence in the future. Primary prevention

programs are often delivered to large groups to reach a cohort within a short time frame

(Carmody, 2009).

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It is widely acknowledged that schools are an ideal place in which to introduce primary

prevention programming. This allows for a wide range of children to be included and offers a

stable environment for instruction (Wolfe & Jaffe, 2003). The goal of primary prevention

school-based education sessions is to improve knowledge, attitudes and s that correspond to

the origins of sexual violence, build skills for respectful interactions and empower

participants to be change agents (Casey & Lindhorst, 2009).

Ways for sexual violence primary crime prevention are through education program delivered

to people who have high risk to involve in sexual violence. It should have focused on the

impact of gender roles. Gender refers to social, cultural, and psychological aspects that

distinguish between the sexes in a given social context. Gender role development is a process

of acquiring priorities, skills, traits, norms, and self-perceptions, which characterize each sex,

but not necessarily always according to the physiology of a person (Bem, 1974). People

always assume that as women are gentle, weak and they always need men to protect while for

men people always assume that they are strong, capable of doing anything and they need to

protect the women. These gender role assumption that increase the rape case as men are

taught that women are weak and they can easily consumed with the pleading appeal. By

doing this program the real explanation about gender roles need to be explained wisely and

thus it can lead to decreasing in the sexual violence case.

Next, about respecting others personal boundaries. Men and women need to respect each

other personal boundaries. Examples of violations of your person boundaries include are the

loss of freedom of oneself, being with the wrong person, control issues, the inability to say no

and doing too much within the relationship at the expense of yourself. Personal boundaries

can be divided into two which is physical boundaries and emotional boundaries. Example of

physical boundaries is when someone who you are not comfortable with suddenly hug you or

molest you. Emotional boundaries are when someone doing an uncomfortable remark

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towards your body. People need to really understand about the importance boundaries as it

can lower the risk of rape victim. People who are suffer from these can know the effect of it

and it can prevent themselves from suffer it longer and people who disturbed other

boundaries can learn about it and respect others boundaries in the future.

Media roles also play an important role in primary crime prevention. Public education

campaigns, such as those mounted against smoking and drunk driving, are a universal

preventive intervention that have been part of other successful community prevention

projects (Institute of Medicine, 1994). The Advertising Council, in conjunction with the

Family Violence Prevention Fund, in June 1994 began a public education campaign against

intimate partner violence. The campaign consists of television, radio, and print public service

announcements "designed to increase public awareness of battering and to motivate

individuals to take action to reduce and prevent abuse" (Family Violence Prevention Fund,

1995). The advertising campaign is being evaluated. A pre-advertising survey that measured

attitudes toward battering was conducted; there will be several post advertising surveys that

will look at advertisement recognition and changes in attitudes about battering, willingness to

intervene in battering, and knowledge of community resources (Lieberman Research Inc.,

1995). Separate from public service announcements and other advertising, television

programming has the potential to convey anti-violence messages. The recent National

Television Violence Study (Mediascope, 1996) suggests that television could be used to send

more prosocial messages about violence by showing the negative consequences of violent

behaviour and nonviolent alternatives to solving problems and by emphasizing antiviolent

themes. There has been no research on the effects of such television programming. Media

roles has really big influence on people mind on these 21 st century world. Using media roles

awareness about sexual violence can spread throughout the world.

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CONCLUSION

Rape has been a really serious case in Malaysia. Every year the case rape in Malaysia had

been increase rapidly. We need to find a really good solution to solve this problem

effectively. We need to stop any kind of this rape culture not only in our country but in the

whole world. We need to stop the rape culture from spreading. Rape are not only effected the

physical of the victim but it also will be effect their emotional state. The victim will be

traumatic and their mental health might be deteriorated. We need to protect this rape victims.

We need to fight for this rape culture and stop this evil behaviour from keep happening.

Some ways to do it are teach the young children especially young boy about consent. Consent

in rape are really important as it will help to reduce rape. When young children understand

about consent, they might understand the disadvantage of rape properly. Next, resist slut-

shaming and victim-blaming. When you blaming the victim, you justify the rapist behaviour.

Instead of blaming the victim, help them get through their trauma. When you see someone

slut – shaming others, help them. Tell the person who slut-shaming them to stop what they

are doing. Do not be a bystander. If you see people who need help, go and help them as it

might avoid the victim from getting rape. Lastly, support organization that are working to

fight rape culture. These days there is a lot of organisation that are working to fight rape. We

can join and help them to fight rape culture. Hopefully, with all these type of prevention, in

the future rape case will be decreasing.

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REFERENCE

1. Legal research board, Penal Code (Act 574), 2017

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January 2018 ( Accessed 2018-02-25 )

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gantung, BH ONLINE, 31 January 2018, ( Accessed 2018-02-25 )

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January 2018, ( Accessed 2018-02-25 )

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justice.iresearchnet.com/criminology/theories/rational-choice-theory/) (Accessed

2018-03-31)

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(https://criminology.regis.edu/criminology-programs/resources/crim-articles/

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(http://www.oxfordbibliographies.com/view/document/obo-9780195396607/obo-

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(https://www.cdc.gov/violenceprevention/sexualviolence/prevention.html)

(Accesses 2018-03-25)

10. Kalichman SC1, Simbayi LC, Cain D, Cherry C, Henda N, Cloete A.,

Pubmed.gov, Sexual assault, sexual risk and gender attitude in a community

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