There is lacunae in certain parts of our law, which hinders women from seeking justice that they deserve from the crimes committed against them. How is equality achievable when the fundamental protection for women is not secured through legislation?
The nation was rocked by the finger rape case last June, an appeal case between Bunya Anak Jalong and the public prosecutor - most people were outraged to find out that the rapist of a fifteen-year-old girl from Sibu was released scot free even after a DNA test that had proved the rapist was the father of the unborn child. This obviously caused an uproar amongst most people as one would feel that this is a clear case of statutory rape despite the fact that our laws beg to differ.
Under the current Penal Code, section 375 states that “A man is said to commit "rape" who, except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the following descriptions: Explanation - Penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape.”
The definition of “rape” in the current Malaysian law today does not cover all sexual assault on a person that does not include penile penetration.…show more content… There is still a long fight left when it comes to establishing anti-discrimination laws in Malaysia when even the basic of rights are left to fend for itself without the safe haven of a protected right in the constitution which is a supreme law of the