MP SPEAKS | I believe there is a need to amend laws related to rape to include marital rape, and urge the government to look into this matter urgently.

Responding to my question on marital rape in the Dewan Rakyat today, Deputy Minister in the Prime Minister’s Department Hanipa Maidin said that the government will not be making further amendments to the law regarding marital rape, as it was hard to prove before the court of law, and it would be easier for the accused to walk free than it is to convict them.

I fear that the deputy minister’s comments on the matter could be misinterpreted to mean that the government views marital rape lightly, and has no intention of criminalising marital rape in order to bring justice to the victims.

Hanipa said that since the introduction of Section 375A, relating to a husband causing hurt in order to have sexual intercourse, only one case of violence, involving a foreign couple, was reported and it had subsequently been withdrawn.

The exception under Section 375 of the Penal Code states 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”.

Meanwhile, 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.

All this means that it is not a crime for a husband to rape a wife unless the husband causes injury when intending to have sexual intercourse.

Underreporting doesn't mean a crime isn't serious

Sexual violence has been used against spouses. Low reporting does not mean that the crime is not serious and justice must be available to the wives/spouses who have become victims of rape by their own husbands.

Even if we take a look at the Domestic Violence Act 1994, we find that it only gives power to the court to give a protection order. There is no sentence for the person who has committed marital rape.

Section 375A comes with a lighter five-year sentence as compared Section 376, which covers those convicted of rape and has a maximum sentence of 20 years, and shall also be liable to whipping.

Marital rape is certainly a serious issue in Malaysia. Statistics by Universiti Sains Malaysia in 2014 estimated that nine of ever-partnered women in Peninsular Malaysia have experienced domestic violence in their lifetime and of this number, 11 percent have also reported “forced sex” as a form of abuse.

The problem with marital rape is that it is an underreported issue and not, as the deputy minister had said, as just an issue that is hard to prove in the court of law.

This is not an acceptable excuse. Rape itself is an offence that is notoriously difficult to prove, but we nevertheless acknowledge the violation that has been inflicted onto the victim.

Similarly, even if marital rape is difficult to prove, the law must acknowledge that such an onerous violation of dignity and consent happens even in a marriage.

Raising awareness and empowering women to report must be an effort that the government has to take on as this will send the message that violence against women is unacceptable, in whatever form.

Marital rape has to be penalised, and it can be carried out with a simple amendment to delete the exception to Section 375 of the Penal Code that provides immunity to the husband.

I would agree with Hanipa that marital rape is not an issue that only affects Muslims and therefore engagement with all stakeholders is necessary.

It is, therefore, important that the government never downplay the issue of rape as it reflects on our ability to guarantee the rights of women in this country.

Women are left unprotected by the law, are fearful of reporting, and as a result, are left to suffer on their own.

There must be amendments in order to provide better protection to women and to move towards ending violence against women.

MARIA CHIN ABDULLAH is the MP for Petaling Jaya.

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