Controversial acquittal overturned for transgender man who sexually assaulted minor girl

Earlier in April, a strange criminal case received a similarly odd outcome. Zunika Ahmad — a woman who had passed off as a man for years and even had two wives and a daughter — was acquitted of sexually penetrating an underage girl using a sex toy and her fingers.

The presiding High Court judge had the case thrown out as he was convinced that the law of which Zunika was convicted (376A of the Penal Code) only applied to men, and was not applicable to someone who simply identified as a man. 

She was sentenced to eight months’ jail nonetheless for committing an obscene act with the victim under the Children and Young Persons Act.

Outraged ensued. Many believed that the law should have applied on Zunika as it was still sexual assault, no matter the gender or body of the perpetrator. 

Two weeks ago, however, the Court of Appeal overturned the acquittal of the 40-year-old woman, Channel NewsAsia reported. Her six charges were reinstated, and now Zunika will have to serve a 10-year jail sentence

The apex court’s decision to overturn the acquittal also means that female sex offenders will be prosecuted under section 376A, which provides harsher penalties than what Zunika was previously convicted for under the Children and Young Persons Act. 

The truly unique case was first heard last December, when the woman pleaded guilty to sexually assaulting an underaged girl. In 2011, she formed a close relationship with a 13-year-old neighbour, and carried out a sexual relationship with the girl for nearly two years. Though Zunika didn’t force herself on the girl (the sexual acts were committed with the girl’s consent), it was still illegal, considering the age of consent is 16. 

Zunika managed to fool everyone (even her wives) by passing off as a deep-voiced Indonesian man. She even had a daughter — but the child was borne from an affair by her first wife, and Zunika had gone along with the lie, unwilling to out herself as a woman. 

The abuse only came to light in 2014 when the girl made a police report after an argument with the transgender man. 

Medical reports revealed that Zunika’s psychological state strongly identifies as male, although she is biologically female. Sexual reassignment surgery was advised instead of psychiatric treatment, so that she can continue life properly as a man. 




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