No plans to criminalise marital rape, says Nancy Shukri

Minister in the Prime Minister's Department Nancy Shukri said the government will maintain the existing provision for marital rape under Section 375 of the Penal Code. – The Malaysian Insider pic, June 10, 2015.

Putrajaya has no plans to criminalise marital rape, said de facto law minister Nancy Shukri.

In a written reply to Ramkarpal Singh (DAP - Bukit Gelugor), the minister in the prime minister's department said the federal 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.

She said the 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.

"Based on the study and findings of the committee, the government decided to maintain the existing provision under Section 375 of the Penal Code.

"As of now, there are no plans to amend it," she said.

Members of the committee at that time comprised of Seputeh MP Teresa Kok, Pasir Puteh MP Che Min Che Ahmad, Gelang Patah MP Tan Ah Eng, Cameron Highlands MP SK Devamany, Santubong MP Wan Junaidi Tuanku Jaafar and Minister in the Prime Minister's Department Mohd Radzi Sheikh Ahmad.

However, Nancy said it is an offence under Section 375A of the Penal Code if the husbands hurt their wives for the purpose of having intercourse and if found guilty, can be jailed for up to five years.

- TMI