PETALING JAYA: It is likely that there may be other stealthing victims in Malaysia but it has gone unreported. Until now.
Sociologist Dr Rosila Bee Hussain said it has to do with sex still being a taboo subject in many Malaysian families and such things are not discussed openly, especially between parents and children.
“Victims may be too ashamed to admit being sexually assaulted as they could be blamed for their part, ” she said.
She said as a society advances and changes, it tends to be more open to material changes such as having better cars and smartphones, than tangible changes such as changes to customary thoughts and practices.
Dr Rosila, who is attached with Universiti Malaya, said she was not surprised to learn that Bukit Aman has only received one report of the incident so far as it is a touchy subject.
“A discussion can only take place if people are aware of the situation. But even then, if society feels it is not a concern, nothing much will happen or change.
“And because society is more likely to embrace material rather than tangible changes, I feel that it will be a while before stealthing is considered a serious issue, ” she said.
Meanwhile, criminologist and psychologist Assoc Prof Dr Geshina Ayu Mat Saat said there are already existing laws to address consent in sexual assault cases.
She said consent and how it is obtained is covered under Section 375 (c) of the Penal Code.
The clause explained that it is considered rape if consent was obtained from a woman through fear or hurt to herself or any other person, or under a misconception of fact and the man knows or has reason to believe that the consent was given in consequence of such misconception.
“If the man agreed to put on the condom to obtain sexual consent from his partner but then deliberately took it off at any stage of intercourse, indicating intention, purposive and deliberate action, then it amounts to obtaining consent by fraud or misconception, ” Dr Geshina said.
However, she added that proving so would depend on a range of things including existing evidence and how well both sides present their case.
Dr Geshina is also of the view that the country’s rape laws could be updated to include forms of perceived and actual criminal acts but challenges that lie in the way.
“Legal linguistics can be as specific or as broad as possible and there are pros and cons to this, ” she said.
By being specific, every action needs to be mentioned and those that are not cannot be considered to be against the law.
This would also hinder newer versions of the crime to be recognised as such as it would require amendments to the law.
But having a broader interpretation could include various forms of a crime including newer forms.
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