Reconsider marital rape, JAG tells government

The Joint Action Group for Gender Equality (JAG) said the continued refusal by the government to fully recognise marital rape as a crime is demeaning to women nationwide as it denies a woman the right both over her body and to say no in a marriage.

“It is shocking that our country continues to allow marriage to be a license for a man to force sex on his wife,” JAG said in a press statement.

“The reality is that rape and sexual violence occurs within marriage, and sadly represents a common form of domestic violence,” it said.

JAG said the refusal to recognise marital rape exposes the lawmakers’ outdated acceptance for the absolute submission of a wife to her husband.

“JAG calls upon the government of Malaysia to remove the exception to marital rape in the law as a clear rejection of the violence that has been perpetrated against women under the guise of marriage, and to increase its efforts to combat domestic sexual violence in our country,” it said in the statement.

The de facto Law Minister, Nancy Shukri told Parliament on June 10 that the government had no plans to criminalise marital rape and that the government is maintaining Section 375 of the Penal Code, which among others, states that sexual intercourse by a man with his wife is not considered as rape.

In a written reply to Ramkarpal Singh (DAP - Bukit Gelugor), Nancy said decision was taken based on the study and findings of a parliamentary select committee set up to look into amendments to the legislation in July 12, 2006.

READ: Criminal offence if wife injured during sex – Nancy

JAG said currently, Section 375 of the Penal Code contains an exception that states that sexual intercourse by a man with his wife is not rape, regardless of the wife's consent or lack thereof.

“The exception reflects a lack of awareness by legislators of the dynamics of rape and especially the impact of rape within marriage,” the statement read.

According to JAG, statistics gathered by religious authorities in Selangor state that “rough sex” is one of the top reasons for divorce among Muslim couples.

“This trend of sexual violence within marriage is further reflected by police statistics from 2013, which show that 31% of victims faced sexual violence from their partners, or former partners including boyfriends, fiances, and ex-husbands,” JAG said.