In Malaysia, it is not an offence if you RAPE your wife... and it is certainly time to make marital rape an offence once and for all...What does our the Minister of Women, Family and Community Development say?
RAPE is having sexual intercourse ...against the women's will...or without her consent...[and this can happen without threats of injury or death]
In Malaysia, when it comes to a Wife, what is criminalized today is only is when a husband '...causes 'hurt or fear of death or hurt to his wife or any other person in order to have sexual intercourse..'- section 375A Penal Code - Husband causing hurt in order to have sexual intercourse. Rape itself is not a crime for the law says 'Sexual intercourse by a man with his own wife by a marriage which is
valid under any written law for the time being in force, or is
recognized in Malaysia as valid, is not rape.'
Should it also not be time to make 'rape' laws gender neutral? Can men/husbands also be raped or sexually abused? - this should be considered.
In any event, many groups have been calling on Malaysia to make marital rape a crime - the BN government did not want to do it..
Then we had the new Pakatan Harapan government - and they too seems to say it is not a crime for a HUSBAND to rape his wife...
The government does not currently plan to amend the law to criminalise rape of one’s spouse, Mohamed Hanipa Maidin said in Parliament today..
In March 2019, a report appeared in Reuters entitled ' 'When is it going to stop?', Malaysia's marital rape victims ask
That is also the question all of us in Malaysia must ask as well. First, we need to recognize it as a CRIMINAL OFFENCE.
The worry of the Minister was the lack of complaints - but that is a reality with most sexual offenses. The victim is concerned with the shame and perception of others so many victims may not step forward ...but that is no justification for not making marital rape a crime in Malaysia.
The second concern of some is that it is difficult to prove - making it difficult to secure a conviction. Again, that is no reason why we do not make it a CRIME. If it is a crime, then the police and/or enforcement officers will have to act...to investigate...and take action.
The attitude of the community, including police, to domestic violence - they just do not want to or are reluctant to do so when the offence is something that happens within the family context, where the alleged perpetrator and victim are members of the family - this attitude need to change - if it is a crime, then it matters not where it happens.
SENTENCE - well, in Malaysia, for rape it shall not be less than 10 years - this maybe a problem as well. Judges should be free to decide appropriate just sentences depending on the situation, so really Parliament should set on maximum sentences - but minimum sentences, even if set, should be reasonable like maybe not more than 6 months(or maybe a year)...Victims should be heard about the sentences they feel just for each and every case. This is important.
For marital rape, maybe the victim would want his/her spouse to be 'punished' BUT may not want the sentence to be too long ...especially if the marriage is subsisting, and if separated/divorced, the offending party's contribution for child support and alimony is still needed. As such, he/she needs to work/earn to be able to start contributing to the family/children...
Compensation to victims should also be part of the sentence - that will not only be JUST but may also make more victims come forward to report such crimes...
IS MARITAL RAPE OK in Malaysia? Or should we make it a crime? That is the question for Malaysians and for our new PH-led government of Malaysia? Now, Singapore has made it a crime...will Malaysia also do the same, and finally make it a crime. Marriage should not make RAPE OK...RESPECT WOMEN'S RIGHTS.
375 Rape (Penal Code)
A man is said to commit "rape" who, except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the following descriptions:(a) against her will;Explanation - Penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape.Exception - Sexual intercourse by a man with his own wife by a marriage which is valid under any written law for the time being in force, or is recognized in Malaysia as valid, is not rape.
(b) without her consent;
(c) with her consent, when her consent has been obtained by putting her in fear of death or hurt to herself or any other person, or obtained under a misconception of fact and the man knows or has reason to believe that the consent was given in consequence of such misconception;
(d) with her consent, when the man knows that he is not her husband, and her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married or to whom she would consent;
(e) with her consent, when, at the time of giving such consent, she is unable to understand the nature and consequences of that to which she gives consent;
(f) with her consent, when the consent is obtained by using his position of authority over her or because of professional relationship or other relationship of trust in relation to her;
(g) with or without her consent, when she is under sixteen years of age.
Explanation 1 - A woman-
(a) living separately from her husband under a decree of judicial separation or a decree nisi not made absolute; orshall be deemed not to be his wife for the purposes of this section.
(b) who has obtained an injunction restraining her husband from having sexual intercourse with her,
Explanation 2 - A Muslim woman living separately from her husband during the period of 'iddah, which shall be calculated in accordance with Hukum Syara', shall be deemed not to be his wife for the purposes of this section.376 Punishment for rape
(1) Subject to subsections (2), (3) and (4), whoever commits rape shall be punished with imprisonment for a term which may extend to twenty years, and shall also be punished with whipping.
[(1) Am. Act A1536:s.5](2) Whoever commits rape on a woman under any of the following circumstances:
(a) at the time of, or immediately before or after the commission of the offence, causes hurt to her or to any other person;
(b) at the time of, or immediately before or after the commission of the offence, puts her in fear of death or hurt to herself or any other person;
(c) the offence was committed in the company of or in the presence of any other person;
(d) without her consent, when she is under sixteen years of age;
(e) with or without her consent, when she is under twelve years of age;
(f) with her consent, when the consent is obtained by using his position of authority over her or because of professional relationship or other relationship of trust in relation to her;
(g) at the time of the offence the woman was pregnant;(h) when by reason or on occasion of the rape, the woman becomes insane;(i) when he knows that he is afflicted with the Human Immuno-Deficiency Virus (HIV)/Acquired Immune Deficiency Syndrome (AIDS) or any other sexually transmissible disease and the virus or disease is or may be transmitted to the woman;shall be punished with imprisonment for a term of not less than ten years and not more than thirty years and shall also be punished with whipping.
(j) when by reason or on occasion of the rape, the woman commits suicide; or
(k) when he knew of the mental disability, emotional disorder or physical handicap of the woman at the time of the commission of the crime,
(3) Whoever commits rape on a woman whose relationship to him is such that he is not permitted under the law, religion, custom or usage, to marry her, shall be punished with imprisonment for a term of not less than eight years and not more than thirty years, and shall also be punished with whipping of not less than ten strokes.
(4) Whoever whilst committing or attempting to commit rape causes the death of the woman on whom the rape is committed or attempted shall be punished with death or imprisonment for a term of not less than fifteen years and not more than thirty years, and shall also be punished with whipping of not less than ten strokes.
375A Husband causing hurt in order to have sexual intercourse
Any man who during the subsistence of a valid marriage causes hurt or fear of death or hurt to his wife or any other person in order to have sexual intercourse with his wife shall be punished with imprisonment for a term which may extend to five years.
Sweeping law reforms to outlaw marital rape, penalise voyeurism passed
SINGAPORE: A sweeping and much-needed refresh
of Singapore’s Penal Code was passed in Parliament on Monday (May 6),
leading to the repeal of marital rape immunity, as well as more
protection for vulnerable adults and young children.
Law Minister K Shanmugam and Senior
Parliamentary Secretary for Home Affairs Amrin Amin spoke on the second
reading of the Criminal Law Reform Bill, with the former setting out the
Government’s position in two areas – better protection of vulnerable
victims and dealing with sexual offences – while the latter covered
areas such as dealing with emerging crime trends and updating current
sexual offences.
The amended law outlined groups of vulnerable
victims, which include children below 14 years old, vulnerable persons
due to mental or physical disabilities and domestic workers, Mr
Shanmugam said, adding that penalties for all offences in the Penal Code
committed against the vulnerable will be enhanced up to twice the
maximum penalties prescribed for the offences....Channel News Asia, 6/5/2019
'When is it going to stop?', Malaysia's marital rape victims ask
Neelambika, 60, a part-time
teacher with one child, could not afford to move out as divorce
proceedings dragged on for more than a year.
“My bed was on the couch in the living room and that’s where the marital rape happened,” Neelambika, who declined to give her full name to protect her identity, told the Thomson Reuters Foundation from the capital, Kuala Lumpur.
“It was about wielding his power and control over me ... I endured it but something died inside of me.”
In more than 50 countries, including the United States, Nepal, Britain and South Africa, it is a crime for a husband to rape his wife, but this is not the case in most of Asia, where campaigners are pushing for legal reform.
Like other forms of domestic violence, marital rape can lead to trauma, depression, loss of income due to injuries, loss of work, poor school performance by children and even murder.
Although statistics on marital rape are hard to come by, one third of women who have been in a relationship say they have experienced physical or sexual violence at the hands of their intimate partner, according to the World Health Organization.
A spokesman for Malaysia’s law minister Liew Vui Keong did not respond to requests for comment.
Last year, a deputy minister in Malaysia’s prime minister’s department, Mohamed Hanipa Maidin, told parliament that the government had no plans to make marital rape a crime as it was hard to prove in court, according to local media reports.
Neelambika said she didn’t even consider going to the police as they had no powers to stop the assaults, and she was keen that the small community where her family lived didn’t find out.
She was too ashamed to confide in anyone. When she did stay overnight with friends or family, her husband turned up at her work or parents’ house, demanding she return home.
“He knew I just wanted a divorce, so he was going to make use of me during that period,” she said.
“He just felt he had that right - that he was still my husband and he could do anything he wanted.”
Many countries do not collect data on marital rape - not just because it is not a crime, but also because social pressures mean it is rarely reported or discussed.
Victims of sexual violence are often blamed and stigmatized, said Ingrid FitzGerald, a regional gender expert at the United Nations Population Fund (UNFPA), which promotes sexual health.
East Timor has Asia’s highest rate of reported sexual violence by an intimate partner, at 40 percent, while Myanmar is among the lowest, at 4 percent, UNFPA said, based on countries where survey data is available.
Women are often torn between wanting the violence to end by reporting it and not wanting the husband and main breadwinner to be jailed, FitzGerald said.
Their decision depends on how easy and socially acceptable it is to get a divorce and on women’s financial independence.
“Rape is rape - whether it occurs to a woman of a particular age, in marriage or a relationship - it’s still rape,” FitzGerald said.
Even where marital rape laws do exist, police often do not take women’s complaints seriously and blame victims, while authorities fail to provide adequate protection, said Melissa Alvarado, a program manager at UN Women.
“There is definitely work to be done to create that more sensitized and empathic response for women so they can more boldly tell their stories,” she said.
In 2017, India’s top court struck down a decades-old clause in the country’s rape laws permitting a man to have sex with his wife if she is aged between 15 to 18 - ruling that it was rape, and therefore a criminal offence.
Ahead of India’s elections next month, women’s rights groups have been urging political parties to include criminalizing marital rape in their manifestos.
Last month, Singapore’s parliament proposed a bill - backed by the government - to make marital rape a crime.
“The bigger problem is whether they will be able to get spouses to come forward,” said Pratap Kishan, a director at Kishan Law Chambers LLC in Singapore.
“Women are reluctant to report such matters because they feel it is something that is within the family and they should maintain that.”
To boost support for criminalization, there needs to be a shift in mindset on marital rape, challenging traditional gender roles and victim blaming myths, using government-backed public awareness campaigns, gender experts said.
“It feeds into this bigger concept of men’s access to women’s bodies ... whether it’s date rape, marital rape or sexual harassment, that women’s bodies exist for male pleasure,” said Jennifer Wells-Qu of women’s rights group Equality Now.
To help rape victims come forward, countries can also introduce women-only community courts, like in India, said Wells-Qu, the charity’s Beijing-based Asia associate.
Meanwhile, activists are trying to educate lawmakers about the impacts of marital rape, such as miscarriages, poor newborn health, HIV infection and increased suicide rates.
“Removing the exception to marital rape protects wives and sends a strong message that all rape is heinous,” said Sumitra Visvanathan, head of the Women’s Aid Organisation in Malaysia.
When Neelambika’s divorce eventually came through, her husband moved out of their family home.
In an attempt to overcome her trauma and change public perception on marital rape, Neelambika published a book this month on her experiences and is campaigning for reform.
“Many rape victims don’t have any recourse,” she said. “If they’re still married, they fear retaliation from their husbands. When is it going to stop?”- Reuters, 21/3/2019
“My bed was on the couch in the living room and that’s where the marital rape happened,” Neelambika, who declined to give her full name to protect her identity, told the Thomson Reuters Foundation from the capital, Kuala Lumpur.
“It was about wielding his power and control over me ... I endured it but something died inside of me.”
In more than 50 countries, including the United States, Nepal, Britain and South Africa, it is a crime for a husband to rape his wife, but this is not the case in most of Asia, where campaigners are pushing for legal reform.
Like other forms of domestic violence, marital rape can lead to trauma, depression, loss of income due to injuries, loss of work, poor school performance by children and even murder.
Although statistics on marital rape are hard to come by, one third of women who have been in a relationship say they have experienced physical or sexual violence at the hands of their intimate partner, according to the World Health Organization.
A spokesman for Malaysia’s law minister Liew Vui Keong did not respond to requests for comment.
Last year, a deputy minister in Malaysia’s prime minister’s department, Mohamed Hanipa Maidin, told parliament that the government had no plans to make marital rape a crime as it was hard to prove in court, according to local media reports.
Neelambika said she didn’t even consider going to the police as they had no powers to stop the assaults, and she was keen that the small community where her family lived didn’t find out.
She was too ashamed to confide in anyone. When she did stay overnight with friends or family, her husband turned up at her work or parents’ house, demanding she return home.
“He knew I just wanted a divorce, so he was going to make use of me during that period,” she said.
“He just felt he had that right - that he was still my husband and he could do anything he wanted.”
WORK TO BE DONE
While many Asia-Pacific countries have introduced domestic violence and harassment laws over the last decade, only 15 out of 39 states in the region have criminalized marital rape, according to the gender equality agency UN Women.Many countries do not collect data on marital rape - not just because it is not a crime, but also because social pressures mean it is rarely reported or discussed.
Victims of sexual violence are often blamed and stigmatized, said Ingrid FitzGerald, a regional gender expert at the United Nations Population Fund (UNFPA), which promotes sexual health.
East Timor has Asia’s highest rate of reported sexual violence by an intimate partner, at 40 percent, while Myanmar is among the lowest, at 4 percent, UNFPA said, based on countries where survey data is available.
Women are often torn between wanting the violence to end by reporting it and not wanting the husband and main breadwinner to be jailed, FitzGerald said.
Their decision depends on how easy and socially acceptable it is to get a divorce and on women’s financial independence.
“Rape is rape - whether it occurs to a woman of a particular age, in marriage or a relationship - it’s still rape,” FitzGerald said.
Even where marital rape laws do exist, police often do not take women’s complaints seriously and blame victims, while authorities fail to provide adequate protection, said Melissa Alvarado, a program manager at UN Women.
“There is definitely work to be done to create that more sensitized and empathic response for women so they can more boldly tell their stories,” she said.
NO SHAME
Despite the taboos, positive changes are happening.In 2017, India’s top court struck down a decades-old clause in the country’s rape laws permitting a man to have sex with his wife if she is aged between 15 to 18 - ruling that it was rape, and therefore a criminal offence.
Ahead of India’s elections next month, women’s rights groups have been urging political parties to include criminalizing marital rape in their manifestos.
Last month, Singapore’s parliament proposed a bill - backed by the government - to make marital rape a crime.
“The bigger problem is whether they will be able to get spouses to come forward,” said Pratap Kishan, a director at Kishan Law Chambers LLC in Singapore.
“Women are reluctant to report such matters because they feel it is something that is within the family and they should maintain that.”
To boost support for criminalization, there needs to be a shift in mindset on marital rape, challenging traditional gender roles and victim blaming myths, using government-backed public awareness campaigns, gender experts said.
“It feeds into this bigger concept of men’s access to women’s bodies ... whether it’s date rape, marital rape or sexual harassment, that women’s bodies exist for male pleasure,” said Jennifer Wells-Qu of women’s rights group Equality Now.
To help rape victims come forward, countries can also introduce women-only community courts, like in India, said Wells-Qu, the charity’s Beijing-based Asia associate.
Meanwhile, activists are trying to educate lawmakers about the impacts of marital rape, such as miscarriages, poor newborn health, HIV infection and increased suicide rates.
“Removing the exception to marital rape protects wives and sends a strong message that all rape is heinous,” said Sumitra Visvanathan, head of the Women’s Aid Organisation in Malaysia.
When Neelambika’s divorce eventually came through, her husband moved out of their family home.
In an attempt to overcome her trauma and change public perception on marital rape, Neelambika published a book this month on her experiences and is campaigning for reform.
“Many rape victims don’t have any recourse,” she said. “If they’re still married, they fear retaliation from their husbands. When is it going to stop?”- Reuters, 21/3/2019
No plans to criminalise marital rape, deputy law minister says
KUALA LUMPUR, Oct 30 — The government does not currently plan to
amend the law to criminalise rape of one’s spouse, Mohamed Hanipa Maidin
said in Parliament today.
The deputy minister in the Prime Minister’s Department in charge of
law said the idea was discussed on July 12, 2006 but was rejected by a
parliamentary select committee then on religious grounds and the
difficulty in securing convictions in court against the accused.
“When [rape] involves a spouse, there is inherent doubt and in the
principle of criminal cases, any benefit of the doubt must be given to
the accused.
“We can turn [marital] rape into a crime to protect the women, but
what use is it to have a criminal section when the possibility of
conviction is very small?” he said in the Dewan Rakyat, replying a
question from Petaling Jaya MP Maria Chin Abdullah.
Hanipa added that a law already exists to punish those who use or threaten sexual violence against their spouse.
“Section 375A of the Penal Code was created to punish those who have
used violence or threat of violence against their wives for sex,” he
added.
However, he said the Attorney General Chambers told him that there
has only (been) one case of domestic sexual assault that was taken to
the courts to date, but added that “it didn’t even involve Malaysians,
but foreigners”.
“In the end, the woman retracted her report and the man was given a discharge amounting to an acquittal,” said Mohamed Hanipa.
Maria had wanted to know if the government have plans to review or amend the Penal Code to criminalise marital rape.
Section 375A of the Penal Code states that “any man who during the
subsistence of a valid marriage causes hurt or fear of death or hurt to
his wife or any other person in order to have sexual intercourse with
his wife shall be punished with imprisonment for a term which may extend
to five years.”
Section 375 of the same law describes rape as “a crime gives
exception to sexual intercourse by a man with his own wife by a marriage
which is valid under any written law for the time being in force, or is
recognized in Malaysia.”
The punishment for rape under Section 376 is a jail up to 20 years as well as whipping for those found guilty. - Malay Mail, 30/10/2018
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