SUPP Central Women Section on rape

suppadmin | May 30, 2015

The definition of RAPE in Section 375 of the Penal Code needs to be reviewed. SUPP Central Women Section Advisor Amy Tnay says, that acquittal of the 60-year old Bunya Jalong from his sexual offences against a 15-year old girl in Sibu has revealed a disappointing fact, that the judicial definition of “RAPE” still works in a narrow groove.

Not only that, she is also utterly upset with the judicial system’s lack of efficiency in handling cases related to sexual offence, where such outcome will bring nothing but social chaos.

“We must ensure that all sexual offenders are punished accordingly”, she added. Amy Tnay went on to explain, that the current definition of rape is ‘penetration of penis into a vagina’, but more often than not, sexual crimes also present themselves in other forms of

violence, both physical and psychological, many victims were seriously wounded or even killed when foreign objects other than penises were forcefully penetrated into the victims’ bodies.

Under Section 375(F) of the Penal Code, as long as the girl is under the age of 16, it is considered a rape, even if she agreed to engage in sexual intercourse activity with another man. Amy Tnay is duly puzzled as in why the 60-year old was not charged to have sex with a minor. The prosecutor should have evaluated and considered all possibilities, she said, and they need to make sure that all evidence and charges were impeccable in order to present a strong case. Shall there be a hearing of the case in the future, Amy Tnay pointed out, that the victim will have to go through the psychological trauma all over again.

In that sense, Amy Tnay opined that, while a comprehensive mechanism or system to protect the victims is a must, a review on the above mentioned Penal Code is by all means necessary in order to safeguard the rights of women.

On a side note, Amy Tnay is glad to see that a West Malaysian NGO is taking initiative to launch a peaceful assembly on March 6th where they will wear orange color shirts. She urges the women bodies and NGOs in Sarawak to answer to this call or launch their own campaign, in an attempt to fight for women and children’s rights.