WAO: Repeal marital immunity to rape

PETALING JAYA: The Women’s Aid Organisation (WAO) is urging the government to reform rape laws that permit husbands to rape their wives, following Singapore’s tabling of a Bill to repeal marital immunity to rape on Monday.

“We urge Malaysia to follow suit with its own Penal Code amendment to remove the exception to the offence of rape for non-consensual sex occurring in a marriage,” says WAO executive director Sumitra Visvanathan.

Like Singapore’s Penal Code prior to the amendments under consideration by their parliament, Malaysia’s Penal Code, which was inherited from the British, defines rape in Section 375, but then explicitly exempts husbands (who rape their wives) from the offence.

“Sexual assault within marriage is a serious crime.

“Removing the exception to marital rape protects wives and sends a strong message that all rape is heinous.

“According to available data, 11% of domestic violence survivors in Malaysia have been raped by their abusive spouses.

“We must act quickly and decisively to end this abuse. If we do not change our laws, this government will be continuing to enable abuse,” said Sumitra

A 2014 Universiti Sains Malaysia study estimated that 9% of ever-partnered women in Peninsular Malaysia have experienced domestic violence in their lifetime, while 11%, or around 100,000 of these women, have been raped by their intimate partner during their lifetime.