Malaysia may appeal rape acquittal

Several migrants say they have suffered sexual abuse

The Malaysian government is reported to be planning to appeal against a court's decision to acquit a police officer who had been accused of raping two illegal immigrants while they were in detention.

The sexual intercourse here seems to be voluntary, just like between husband and wife

Judge Mohamed Saman Mohamed Ramli

A Malaysian newspaper, The Star, said that prosecutors have filed a notice of appeal challenging the judge's ruling that the female detainees had appeared to consent freely to intercourse.

The case follows several accusations of sexual abuse against illegal immigrants that have surfaced in the Malaysian media.

One incident - the alleged rape of 13-year-old Filipino girl - sparked a diplomatic incident. Malaysian Prime Minister Mahathir Mohamad has promised a full investigation after Philippines President Gloria Arroyo telephoned him to complain.

No struggle

Judge Mohamed Saman Mohamed Ramli acquitted Razali Pilen, 25, on Monday, of raping a 23-year-old Filipino and a 24-year-old Indonesian on 24 February after they had been arrested for working illegally in Malaysia.

"The sexual intercourse here seems to be voluntary, just like between husband and wife," Mr Mohamed was quoted as remarking by the Sun newspaper of the incident, which was caught on closed circuit television.

He said that prosecutors failed to prove the women were raped because they voluntarily undressed, did not scream, and were not bruised.

The comments outraged women's groups in Malaysia.

"We are disheartened that the rape myth is still well and live," several organisations said in a statement.

Women Lawyers' Association president Rasamani Kandiah noted that "the women were in no position to fight as they were detainees in a police lock-up".

The Star reported on Thursday that Attorney General Abdul Ghani Patail had lodged a notice of appeal against Judge Mohamed's ruling because he had acquitted Mr Razali without his defence being called.

Young girl's rape claim

The report came as Malaysian policemen investigated a 13-year-old Filipino girl's claim that she was raped at a detention centre in Malaysia's eastern state of Sabah.

The three officers arrived in the Philippines on Wednesday to question to girl.

Malaysia's strict new immigration policies have come under increasing international scrutiny, since they began deporting hundreds of illegal workers last month.

Migrants awaiting passage home have complained or crowded and unsanitary conditions at the detention centres where they are being held.