Minister in the Prime Minister’s Department Nancy Shukri said the government has no intention to amend Section 375 of the Penal Code to criminalize marital rape.
Nancy however stressed that if a husband injures his wife for sex, it is still a crime under Section 375A of the Penal Code which came into force on September 7, 2007.
Coincidentally, I have submitted a question to Home Minister, asking for the number of cases that have been charged and convicted under this new section.
According to the answer dated June 11, 2015, none has been charged under this new section ever since it came into force.
| TAHUN | 2014 | 2015 (JANUARI – MAC) |
| Jumlah Pesalah | 4 | 3 |
| Pertuduhan | 0 | 0 |
| NFA | 1 | 0 |
| Dalam Siastatan | 3 | 3 |
The figure tells us a few things.
First, despite the new section, our authority is reluctant to charge the husband. Secondly, it also shows that not many wives really know and understand their rights.
If a husband takes his wife’s money or belongings without her consent, it is theft. If a husband beats his wife, we call it assault and battery. So, why when a husband has sexual intercourse with his wife against her will, we don’t call it “rape”? Even sex worker has the right to say “NO”. Marriage is not a license to rape.
I respect the findings and conclusions of the special select committee in 2006 when the Penal Code (Amendment) Bill 2004 was tabled. However, it is now 2015, and it is time for us to review the existing provision so that our law is consistent with the developing concepts of human rights and equality. At the same time, Minister Nancy and Minister of Women Development should also start campaign to create awareness and educate both men and women about their responsibility and rights.