Gang rape, heavier sodomy penalty proposed

PARLIAMENT - Gang rape and use of criminal force by a spouse are two new concepts introduced in proposed amendments to the Penal Code in a Bill tabled in the Dewan Rakyat today.

The Bill also proposes heavier penalties, up from a maximum of 20 years' imprisonment to 30 years for sexual crimes such as carnal intercourse against the order of nature (including sodomy) and incest.

At present the penalty for rape and sodomy stands at a maximum of 20 years in jail and whipping, but the Amendment Bill does not say anything on whipping as penalty for gang rape.

According to the Bill, gang rape will be punishable with between 10 and 30 years in jail while assault or use of criminal force by a spouse can lead to six months in prison or a fine of RM2,000, or both.

Another subsection proposed states that if the victim is hurt or grievously hurt, under the other sections of the Penal Code while married to the perpetrator, the perpetrator is liable to twice the maximum penalty under those sections of the Penal Code.

For example, if a person is convicted for grievously hurting his/her spouse under Section 325 of the Penal Code, he/she can be jailed for 14 years (double the maximum penalty under Section 325).

This would be on top of the Domestic Violence Act 1994, which does not stipulate criminal punishment for domestic violence.

Heavier penalty for raping a disabled

Heavier penalties are also proposed for rapists who rape in certain circumstances. Penalties are proposed to be raised from five to 30 years' jail to 10 to 30 years' jail, plus whipping.

These circumstances include:

• When the victim is pregnant at the time of rape;
• When she is under the age of 16; or
• When the rape is done in the presence of another person.

Additional circumstances mooted and punishable with the same includes when the victim is:

• Driven insane as a result of the rape;
• Driven to attempt suicide as a result of the rape;
• Mentally, physically or emotionally disabled at time of rape; or
• Infected with HIV/AIDS or sexually transmitted diseases as a result of the rape, and the perpetrator was aware he is afflicted with the diseases.

All Women's Action Society (Awam) president Ho Yock Lin said that the proposed introduction of gang rape into the Penal Code is welcomed, but implementation is key.

"The Joint Action Group has sought reforms to rape laws for at least 10 years now. The introduction of gang rape in the Penal Code is a good thing, but it depends on the definition and burden of proof," Ho (left) said when contacted.

She said that while punishment should fit the severity of the crime, equal effort should be placed on prevention of such crimes through awareness and gender sensitivity programmes.

"Otherwise, the law alone will not be enough. We urge for more work to be done on this, by the Women, Family and Community Development Ministry, so as to raise public interest in this cause," Ho added.

By Aidila Razak