Putrajaya must engage all stakeholders in its plan to review the country's laws on rape, DAP's Kulai MP Teo Nie Ching said today.
This is after de facto Law Minister Nancy Shukri announced the review after a 60-year-old man escaped punishment for causing the pregnancy of a 15-year-old girl using his sperm-tainted finger.
"While we cannot control the decision of the Federal Court in the review, if any, we as lawmakers must do our part to reform and review the laws without any delay.
"I urge Nancy Shukri to engage us in the process of review," Teo ( photo ) said in a statement.
Teo said the definition of rape under Section 375 of the Penal Code should be expanded so as not to only confine it to unlawful sexual intercourse between a man and woman.
"Rape should not be limited to penile penetration, and it’s time to make the crime of rape gender neutral.
"We also need to make it crystal clear that teenagers under the age of 16 are not capable to give consent to any form of sexual activity," she said.
Points out laws in France, the Philippines
She pointed out that French law defined rape as any act of sexual penetration of "any nature" committed on another person by violence, constraint, threat or surprise.
Likewise, Teo said in the Philippines, insertion of objects into the genital of another person without consent is also considered as rape.
Teo also echoed Nancy's ( photo ) call for the Attorney-General's Chambers to seek a review of the Court of Appeal decision which freed the 60-year-old Bunya Jalong.
Prosecutors cannot appeal the case further as it originated in the Sessions Court but Teo pointed out that a review of the decision can be made under special circumstances.
She pointed out that Rule 137 of the Rules of the Federal Court allows the court to "hear any application or to make any order as may be necessary to prevent injustice or to prevent an abuse of the process of the court".
"The acquittal of Bunya Jalong, who has admitted that he used his finger to penetrate his 15-year old victim, is a gross injustice that needs to be remedied immediately," said Teo.
She also welcomed Nancy's endorsement of DAP's call for a sex offenders' registry and said the party is prepared to offer its assistance.
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