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Thursday, August 07, 2008

Some 'carnal intercourse against the order of nature' laws must be repealed.


Well, alas we do have the charge against Anwar Ibrahim....thanks to Malaysiakini.

Back to matters at hand, where this may also be the time when we, Malaysians, should apply our mind to the question of whether some of these offences, now present in our Malaysian laws are really absurd and should be just removed and deleted...

What is carnal intercourse against the order of nature? Well, s.377A defines it..."Any person who has sexual connection with another person by the introduction of the penis into the anus or mouth of the other person is said to commit carnal intercourse against the order of nature.". In short, when it comes to sexual or carnal intercourse - the only thing that is permissible in law is the introduction of the male penis into the vagina....

And according to the law, the act of kissing the penis...or the sucking of the penis...or licking the penis is AGAINST THE LAW. The explanation to s.377A makes it most clear when it states that "Penetration is sufficient to constitute the sexual connection necessary to the offence described in this section." - and would include the slightest penetration...

Wonder, how many Malaysians have committed this offence of having '...carnal intercourse against the order of nature...'. ? [By the way, at one time it was a sin in the Catholic Church for one to enjoy sex..sexual intercourse...carnal intercourse - as it was only for the purpose of procreation. Hence, having sex just for fun...not for procreation is WRONG....it was against the 'order of nature'...

377B - says that it is an offence even if it was done with consent of the parties... , and I wonder why?

It is ok if it be made an offence if it was done onto another without the other's consent...etc...(or when the other is a minor.)

Of course, good Muslims, Christians, Jews and religious persons (hypocrites or otherwise) will stand firm in defence of this archaic law...

Interestingly, in England under the Sexual Offences Act of 1967 buggery is no longer an offence if committed in private between two consenting adults of and above the age of 21.

So, should we also maybe consider whether maybe --- similarly when "...committed in private between two consenting adults of and above the age of 21...", all forms of this 'carnal intercourse against the order of nature'... should also not be an offence in Malaysia.


OF OFFENCES AFFECTING THE HUMAN BODY

Of Unnatural Offences

377A. Carnal intercourse against the order of nature.

Any person who has sexual connection with another person by the introduction of the penis into the anus or mouth of the other person is said to commit carnal intercourse against the order of nature.

[Subs. by Act A727 w.e.f. 5 May 1989]

Explanation - Penetration is sufficient to constitute the sexual connection necessary to the offence described in this section.

377B. Punishment for committing carnal intercourse against the order of nature.

Whoever voluntarily commits carnal intercourse against the order of nature shall be punished with imprisonment for a term which may extend to twenty years, and shall also be liable to whipping.

377C. Committing carnal intercourse against the order of nature without consent, etc.

Whoever voluntarily commits carnal intercourse against the order of nature on another person without the consent, or against the will, of the other person, or by putting the other person in fear of death or hurt to the person or any other person, shall be punished with imprisonment for a term of not less than five years and not more than twenty years, and shall also be liable to whipping.

[Ins. by Act A727 w.e.f. 5 May 1989]

377CA. Sexual connection by object.

Any person who has sexual connection with another person by the introduction of any object into the vagina or anus of the other person without the other person's consent shall be punished with imprisonment for a term which may extend to twenty years and shall also be liable to whipping.

ExceptionThis section does not extend to where the introduction of any object into the vagina or anus of any person is carried out for medical or law enforcement purposes.

[Ins. Act A1273]

377D. Outrages on decency.

Any person who, in public or private, commits, or abets the commission of, or procures or attempts to procure the commission by any person of, any act of gross indecency with another person, shall be punished with imprisonment for a term which may extend to two years.

377E. Inciting a child to an act of gross indecency.

Any person who incites a child under the age of fourteen years to any act of gross indecency with him or another person shall be punished with imprisonment for a term which may extend to five years, shall also be liable to whipping.

[Ins. by Act A727 w.e.f. 5 May 1989]

1 comment:

smaravinthan said...

Well nice way to explain things. And i am how many broke the law in malaysia up to today ? X body is above the law. Hehe. More work for p.d.r.m. Then.