A review on the irrebutabble presumption of law that a boy under the age of thirteen years is incapable of committing rape (Section 113 Evidence Act 1950) / Muhammad Sabre Jabar

The issue of rape among child offender had been crucial nowadays. Despite reported rape cases in Malaysia, there are numbers of cases were unreported cases due to the idea of not to tarnish the reputation of the accused child as he might have brighter future, assumption of incapability of rational t...

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Main Author: Jabar, Muhammad Sabre
Format: Thesis
Language:English
Published: 2014
Subjects:
Online Access:https://ir.uitm.edu.my/id/eprint/21809/1/TM_MUHAMMAD%20SABRE%20JABAR%20LW%2014_5.pdf
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spelling my-uitm-ir.218092022-04-01T02:49:09Z A review on the irrebutabble presumption of law that a boy under the age of thirteen years is incapable of committing rape (Section 113 Evidence Act 1950) / Muhammad Sabre Jabar 2014 Jabar, Muhammad Sabre Civil law The issue of rape among child offender had been crucial nowadays. Despite reported rape cases in Malaysia, there are numbers of cases were unreported cases due to the idea of not to tarnish the reputation of the accused child as he might have brighter future, assumption of incapability of rational thinking and sexual intelligence by a child as well as to protect the good names of the family. There is an urgent need for the review of the presumption, to uphold justice at the right place. This research aims to review the irrebutabble presumption of law that a boy under the age of thirteen years is incapable of committing rape as stipulated in Section 113 Evidence Act 1950. Besides, the research aims to lowering the age of criminal responsibility for rape in this section, to be at uniform phase with Section 82 and 83 of Penal Code, or abolished it and solely refers to the Penal Code as a single law referred. Meanwhile, this research is based on data obtained from a survey through questionnaire that polled on the kids from urban area, sub-urban and rural schools. The data was analyzed to evaluate and determine the sexual knowledge of the kids, the attitude towards sexual issues confronted to them and legal information possessed by the children. Furthermore, interviews from some scholars will be taken place as supporting evidence to lowering the age of criminal responsibility for rape in this section, or abolished it. It is hope that this research may help the policy maker and legislators to review the importance of combatting rape cases involving child offender in Malaysia. 2014 Thesis https://ir.uitm.edu.my/id/eprint/21809/ https://ir.uitm.edu.my/id/eprint/21809/1/TM_MUHAMMAD%20SABRE%20JABAR%20LW%2014_5.pdf text en public masters Universiti Teknologi MARA Faculty of Law
institution Universiti Teknologi MARA
collection UiTM Institutional Repository
language English
topic Civil law
spellingShingle Civil law
Jabar, Muhammad Sabre
A review on the irrebutabble presumption of law that a boy under the age of thirteen years is incapable of committing rape (Section 113 Evidence Act 1950) / Muhammad Sabre Jabar
description The issue of rape among child offender had been crucial nowadays. Despite reported rape cases in Malaysia, there are numbers of cases were unreported cases due to the idea of not to tarnish the reputation of the accused child as he might have brighter future, assumption of incapability of rational thinking and sexual intelligence by a child as well as to protect the good names of the family. There is an urgent need for the review of the presumption, to uphold justice at the right place. This research aims to review the irrebutabble presumption of law that a boy under the age of thirteen years is incapable of committing rape as stipulated in Section 113 Evidence Act 1950. Besides, the research aims to lowering the age of criminal responsibility for rape in this section, to be at uniform phase with Section 82 and 83 of Penal Code, or abolished it and solely refers to the Penal Code as a single law referred. Meanwhile, this research is based on data obtained from a survey through questionnaire that polled on the kids from urban area, sub-urban and rural schools. The data was analyzed to evaluate and determine the sexual knowledge of the kids, the attitude towards sexual issues confronted to them and legal information possessed by the children. Furthermore, interviews from some scholars will be taken place as supporting evidence to lowering the age of criminal responsibility for rape in this section, or abolished it. It is hope that this research may help the policy maker and legislators to review the importance of combatting rape cases involving child offender in Malaysia.
format Thesis
qualification_level Master's degree
author Jabar, Muhammad Sabre
author_facet Jabar, Muhammad Sabre
author_sort Jabar, Muhammad Sabre
title A review on the irrebutabble presumption of law that a boy under the age of thirteen years is incapable of committing rape (Section 113 Evidence Act 1950) / Muhammad Sabre Jabar
title_short A review on the irrebutabble presumption of law that a boy under the age of thirteen years is incapable of committing rape (Section 113 Evidence Act 1950) / Muhammad Sabre Jabar
title_full A review on the irrebutabble presumption of law that a boy under the age of thirteen years is incapable of committing rape (Section 113 Evidence Act 1950) / Muhammad Sabre Jabar
title_fullStr A review on the irrebutabble presumption of law that a boy under the age of thirteen years is incapable of committing rape (Section 113 Evidence Act 1950) / Muhammad Sabre Jabar
title_full_unstemmed A review on the irrebutabble presumption of law that a boy under the age of thirteen years is incapable of committing rape (Section 113 Evidence Act 1950) / Muhammad Sabre Jabar
title_sort review on the irrebutabble presumption of law that a boy under the age of thirteen years is incapable of committing rape (section 113 evidence act 1950) / muhammad sabre jabar
granting_institution Universiti Teknologi MARA
granting_department Faculty of Law
publishDate 2014
url https://ir.uitm.edu.my/id/eprint/21809/1/TM_MUHAMMAD%20SABRE%20JABAR%20LW%2014_5.pdf
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