Marriage is No Protection for Crime: Criminalising Marital Rape in Malaysia

Registration ID: IJNRD_213925

Published ID: IJNRD2404369

DOI: Click Here to Get

Dr Ambikai S T Singam , Dr Jaganraj Ramachandran , Dr Heamalatha Nair

: marital rape, domestic, violence

Adam's rib, a stream that joins a river, two flesh made one: these traditional metaphors symbolized both the carnal fusion between spouses and wives’ divinely ordained subordination under their husbands. Before the late twentieth century, there were no laws that protected legally wed wives from their husbands compelling them to have heterosexual intercourse. Though customs and courtesies allowed wives to abstain after childbirth, little could be done to redress their husbands’ breaching such cultural expectations. Wives could not even criminally prosecute their husbands for violently forcing them into sex. The rapid cultural change and social paradigms have taught women to uphold their freedom and rights, even in a domestic household. Rape had been a capital felony for centuries, but medieval law had classified it as an act of trespass against a baron, not the victim herself, which would make marital rape culturally and legally illogical. In this contemporary society marital rape has become a great concern over the last few decades, even with a broader historical transformation in which rape was understood as a breach of the liberty of the woman, hence this study will examine the distinctive reasons for marital rape and the extend of legal protection available for the victims under the Penal Code and the Domestic Violence Act 1994. This focuses on the marital rape within the legal framework in Malaysia, especially in the context of its definition, Section 375 of the Penal Code only provides for offences of rape against a woman and made no mention of a wife. Such absence may not fully safeguard the interests of wives being raped. Hence, it is time for the government to intervene and address these issues arising from the act of marital rape, to protect the interest and safety of any married woman. The findings would give more clarity to the conceptual framework of marital rape in Malaysia thus showing the commitment of the government towards preventing the rampancy of this issue through legal enforcement. Hence, an amendment to the Penal Code is to be proposed.

Published Paper   E-Certificate

Dr Ambikai S T Singam, Dr Jaganraj Ramachandran, & Dr Heamalatha Nair (April-2024). Marriage is No Protection for Crime: Criminalising Marital Rape in Malaysia. INTERNATIONAL JOURNAL OF NOVEL RESEARCH AND DEVELOPMENT, 9(4), d621-d633. https://ijnrd.org/papers/IJNRD2404369.pdf

Volume 9 Issue 4, April-2024

Pages : d621-d633

Paper Reg. ID: IJNRD_213925

Published Paper Id: IJNRD2404369

Downloads: 000121998

Research Area: Social Science and Humanities 

Country: SUBANG JAYA, Selangor, Malaysia

Published Paper PDF: https://ijnrd.org/papers/IJNRD2404369.pdf

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Journal Name: INTERNATIONAL JOURNAL OF NOVEL RESEARCH AND DEVELOPMENT(IJNRD)

ISSN: 2456-4184 | IMPACT FACTOR: 8.76 Calculated By Google Scholar | ESTD YEAR: 2016

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