BELIAWANIS MCA has called for all lawmakers, alongside the Attorney-General’s Chambers (AGC) to table amendments to the Penal Code to categorise marital rape as a criminal offence.
The MCA wing’s chairperson Ivone Low Yi Wen said this in light of law and institutional reform minister Azalina Othman Said’s disclosure on Monday (Aug 12) that there are more than 3,000 outdated laws that must be reviewed to ensure legislation remains relevant.
“Combining this disclosure with recent efforts by Putrajaya to enhance protections against Intimate Partner Violence (IPV), Beliawanis MCA appeals to all lawmakers and the AGC to table amendments to the Penal Code to expressly categorise marital rape as a criminal offence,” Low remarked in a statement on Tuesday (Aug 13).
“Section 375A which reads ‘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’ may offer women some safeguard.
“However, this is still insufficient as it fails to recognise rape directly but draws attention to a scenario where a husband inflicts ‘hurt, fear of hurt, or death’.”
Low said more glaringly, the “Exception” in Section 375 reads that “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”.
“This clause explicitly implies that sexual assault within a marriage is permissible and acceptable,” she noted.
“Furthermore, it is obvious that Section 375A contravenes with the ‘Exception and Explanation’ provided in Section 375 and therefore necessitates the reform in relation to Section 375.”
Low said there is a compelling need to address a significant gap in the country’s legal framework, adding that despite the advancements brought by the Domestic Violence Act 1994 and the inclusion of anti-stalking provisions under Section 507A of the Penal Code, the issue of marital rape remains inadequately addressed.
She further pointed out that current laws fail to criminalise marital rape, relegating wives to an inferior position and subject to the whim and fancy of her husband.
“This oversight is particularly concerning given the new analysis from the World Health Organisation and the National Health and Morbidity Survey, which reveal the troubling prevalence of violence, including sexual violence, among women and adolescents in Malaysia,” she disclosed.
“As the government continues to strengthen its focus on IPV, it is imperative that legislative amendments be made to the Penal Code to explicitly criminalise marital rape in all circumstances, regardless of the presence of immediate physical threats.
“Ensuring that marital rape is recognised as a crime will align with broader efforts and aspirations to provide comprehensive protection for all victims of intimate partner violence and reflect a commitment to safeguarding the rights and dignity of individuals within the home.”
Speaking to the media after the ministers’ monthly assembly yesterday, Azalina also said a list of outdated laws, some of which were drafted before independence, would be compiled for the prime minister’s consideration.
“We may need to prepare a Cabinet paper listing these outdated laws and propose establishing a special Cabinet committee to review them,” she was reported as saying.
“These laws affect all agencies and may also involve state, federal and local governments,” she said. – Aug 13, 2024
Main image: thesun.my
