The government must expand the definition of rape by including the use of objects or other parts of a perpetrator, not just the intrusion of the penis into the orifice of a woman, MCA Wanita chief Heng Seai Kie said today.

Referring to Section 375 of the Penal Code, where a man is said to commit rape offence only when it involves penile penetration, Heng said: “The definition of Section 375 omust be expanded to include not just penis, but other male body parts.”

On May 7, Bunya Jalong, 60 was acquitted after the Court of Appeal in Sibu ruled that he had used his semen-smeared fingers to penetrate his victim and the act could not be considered as rape under the law, which stipulates rape is a penis forcibly entering a vagina.

Bunya, a retired civil servant was entrusted to send and fetch the girl to and from her school, but he had sexual relations with her to the extent of making her pregnant.

He was initially sentenced to 42 years in jail, 11 strokes of rotan and a fine of RM40,000 by the Session Court.

'Special panel must review the case'

Apart from demanding for a judicial review, Heng said a special committee has been formed to review this case and other legislation that are not favourable to women and children, such as children’s citizenship and the status of a woman upon getting married overseas.    

“It is Attorney-General Abdul Gani Patail’s full discretion to do the judicial review. We will see him to request for a judicial review, most probably next week.

“The committee will work with all women NGOs and legal professional institutions for inputs,” she added.

Meanwhile, Association of Women Lawyers president Goh Siu Lin pointed out India’s Criminal Law (Amendment) Act 2013, in which the definition of law includes the insertion of any object or a part of the perpetrator’s body into the urethra or anus of a woman.

“India’s Penal Code is more progressive, so we should lobby our lawmakers to extend the definition of rape.

“The man (Bunya) was acquitted without having to pay any compensation. So, who is going to maintain the child now?” Goh asked.