PROPOSED AMENDMENTS TO THE LAW OF RAPE IN MALAYSIA

Author(s):

Lai Mun Onn

The offence of rape is provided for in section 375 of the Penal Code. This paper seeks to first identify what are the elements that make up the offence of rape. After identifying the elements and looking at the relevant case law, this paper will discuss if the law is satisfactory or not. Specifically, this paper will discuss if there is a need for the law to be gender specific, if rape should only be limited to vaginal sexual intercourse, are the 7 circumstances provided in section 375 necessary, should the age of consent be amended, should the exception remain and should there be a specific reference to the mental element of the perpetrator. In examining these issues, reference will also be made to the law on rape in neighbouring countries like Singapore and Thailand, as well as the law in India (as the Penal Code is based on the Indian Penal Code) and in the United Kingdom.

Abstract

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Criminal Law, Sexual Offences, Rape