KUALA LUMPUR, Oct 31 — A deputy minister encouraged women today to report marital rapes using Section 375A of the Penal Code that does not apply to non-violent, non-consensual rapes by their spouses.
Deputy Minister in the Prime Minister’s Department Mohamed Hanipa Maidin, who said yesterday that the government does not plan to make non-violent marital rape a crime, repeated his insistence that there was lack of police reports to substantiate the prevalence of such incidents.
He said there was only one case classified under Section 375A of the Penal Code currently, although he conceded that the law does not cover non-violent but non-consensual sex within a marriage.
“This law should be fully exhausted for the time being. But I understand that this is hard.”
“A criminal case involving a husband also sometimes means losing a breadwinner,” Hanipa told reporters at the lobby of Parliament today.
Hanipa told Parliament yesterday the sole report, which he cited again today, was later withdrawn as the woman feared her husband and believed the law would not protect her.
Today, he said the government may gradually enhance Section 375A, before claiming this would be frustrated by the Barisan Nasional-dominated Senate.
Section 375A of the Penal Code covers the offence whereby a husband causes hurt in order to have sexual intercourse with his wife.
Rape under Section 375A is punishable by imprisonment of up to five years upon conviction.
Hanipa also urged NGOs who provide aid to abused women to present their proposals on the subject.
“It's not that we don't consider this a priority, but it is currently on a list of other law reforms that need attention,” he said.
Yesterday, Mohamed Hanipa said in Dewan Rakyat that the government does not plan to amend the law to criminalise marital rape.
His remarks drew an immediate barrage of criticism from women’s and rights groups, including one asserting that there were at least 100,000 incidents in the country that would qualify as marital rape.
* This article was initially published with a different headline and first paragraph, but has since been amended on the request of the deputy minister's aide.
