MINISTER in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said has announced that there are more than 3,000 outdated laws that must be reviewed to ensure legislation remains relevant.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 Attorney-General’s Chambers to table amendments to the Penal Code to expressly categorise marital rape as a criminal offence.
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 safeguards.
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.”
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 recognised in Malaysia as valid, is NOT rape.”
This clause explicitly implies that sexual assault within a marriage is permissible and acceptable.
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.
There is a compelling need to address a significant gap in our legal framework.
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.
Current laws fail to criminalise marital rape, relegating wives to an inferior position and subject to the whim and fancy of their husbands.
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.
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. – August 13, 2024
Ivone Low Yi Wen is Wanita MCA spokesman and Beliawanis bureau chief