Proposals to amend the law on rape

The crime of rape is only recognized when there is penetration of the offender’s penis into the victim’s vagina and women are placed a very disadvantageous situation. If a person forces other objects into the victim’s vagina, is the pain and anguish any less than penetration by a man’s sexual organ?

Women’s groups in Malaysia have proposed the following changes to current legislation on the offence of rape.

(1) The definition of rape should be widened to include sodomy, forced oral sex and the use of any foreign objects to penetrate any orifice. It has also been suggested that the term ‘sexual assault’ should be used instead of ‘rape’, as this can take away the stigma of rape from a victim.

(2) Marital rape should be recognized so that a man can be convicted of raping his wife.

(3) Classify the crime of rape or sexual assault into several categories. Serious types of rapes should be known as aggravated rapes and heavier punishment must be imposed. Gang rape, rape by a person in a position of trust, rape when the victim is very young, very old, infirm, physically or mentally disabled, in a case where a weapon is used by the rapist.

(4) Court cases in connection with rape and sexual assault should not be heard in public

(5) All procedures in the investigation and gathering of evidence should be carried out speedily without subjecting the victim to further pain and anguish. The identification parade should not require the victim to be in the same room with the alleged offender.

(6) A sexual assault squad should be formed within the police department to be comprised of people who are well trained and sensitive to the feelings of the victims to reduce their trauma and fear.

(7) The convicted person should pay compensation to the victims. If the convicted is not financially capable, then the State should pay.

(8) The burden of proof in rape case should be revised. It is now the duty of the victim (if she is above 16) to prove that she did not consent to sexual intercourse. This can be a difficult task if there are no injuries inflicted. Due to this difficulty some countries have made efforts to shift the emphasis away from using consent, or the lack of it, as the key factor in proving the crime. The Michigan Criminal Sexual Conduct Act has taken away consent as an element of the crime, focusing more on the conduct of the offender rather than consent from the victim.