PETALING JAYA: In light of cases involving violence outside of marriage, such as in cohabitation or romantic relationships, victims can still seek legal redress, say lawyers.
Criminal litigator Tripatjit Singh said for non-married couples, cases of violence come under different sections of the Penal Code.
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“When an individual makes a report, the person will have to state their relationship with the accused.
“If the victim does not fall within the bracket of individuals stated under Section 326A of the Penal Code, then the victim is considered an ordinary individual. And the case will be investigated under different sections of the Penal Code except Section 326A.
“So violence involving a girlfriend and a boyfriend will not fall under S326A to categorise them as either family members or spouses.
“They could be classified as de facto spouses if they have gone through a religious ceremony but not yet registered their marriage.”
Lawyer Alvin Tan Keng Yi shared a case about a woman who was physically assaulted by her boyfriend.
“We tried our best to get aid from the Women’s Aid Organisation and the Social Welfare Department to obtain an Interim Protection Order under the Domestic Violence Act (DVA) 1994.
“Unfortunately, there were significant hurdles in obtaining the protection order. This was largely due to the provisions of the DVA 1994 not extending to unmarried couples.”
He said police still investigated the case and proceeded to pursue a charge against the perpetrator.
Tan said as a result of the investigation, the perpetrator was charged in court under Section 321 of the Penal Code for causing hurt, which carries the punishment under Section 323.
“It comes with imprisonment for a term which may extend to one year or with fine which may extend to RM2,000 or with both,” Tan added.
Recently, police arrested a 21-year-old foreign man for allegedly attacking his 20-year-old ex-girlfriend with a knife at a private college in Subang Jaya.
The man is being investigated under Section 324 of the Penal Code for voluntarily causing hurt using a dangerous weapon.
