OAG to pursue highest criminal sanctions against rape perpetrators, a first-degree felony

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Puran Gurung/ Thimphu The crying need for harsher punishments for rapists, the Office of Attorney General (OAG) as the Central State Prosecution Agency sets the motion for highest criminal sanctions against rape, a first-degree felony. According to the Attorney General's Office, the criminal sanctions against rape perpetrators will mainly focus on the rape of a child below 12 years. For now, the rape of a child below 12 years, the defendant is penalized for nine to 15 years of jail term. The criminal sanction for rape perpetrators, the Attorney General, Lungten Dubjur states that the Attorney General's Office will move the charge through the government for 'first-degree felony' against rape perpetrators, particularly in child rape cases. The rape of a child is 'too gruesome', adds the Attorney General, and is a heinous crime weighing more than a murder. To pursue criminal investigations against rape perpetrators, the Attorney General of Bhutan, Lungten Dubjur, states that the country is procuring a DNA Testing Machine, and the machine should be kept with the Royal Bhutan Police as they are the immediate agent to investigate rapes The Attorney General also added that the DNA testing machine would help Royal Bhutan Police arrest, detain and chargesheet rape perpetrators immediately. The Office of Attorney General as the Central State Prosecution Agency is concerned with the emerging trend of recent cases related to child molestation, rape of a child, and other sexual related offence. While the Office of the Attorney General has continued to prosecute those cases referred with utmost due diligence and sought criminal sanctions from the courts, it has now become a grave concern for the Office of the Attorney General and Royal Bhutan Police with recent cases of rape of a child as below as 12 and 8 years old. Hence, in collaboration with the Royal Bhutan Police at the highest level consultations between the two agencies, the Office of the Attorney General has decided to fast track investigation and its prosecution and pursue the highest criminal sanctions against the perpetrators. Bhutan has always been considered as safest, law-abiding and our citizens' unconditional respect for the rule of law. As mandated by the laws, the Office of the Attorney General and RBP will continue to prevent, combat and restrain those individuals so that our children and women feel safe and confident in our criminal justice system. Meanwhile, Section 191 and Section 192 (Gang rape of a child below twelve years of age and grading of gang rape of a child below twelve years of age) of The Penal Code (Amendment) Act of Bhutan (2011) respectively states, a defendant shall be guilty of the offence of gang rape of a child below the age of twelve years when two or more persons engage in sexual intercourse with a child below the age of twelve years and the offence of gang rape of a child below twelve years of age shall be a felony of the first degree. Meanwhile, the request to increase the charges for rape of a child below 12 years is already in the Parliament moved by the Attorney General's Office. The rape cases involving children below 18 years in Paro and Thimphu is still under investigation.