As the government is about to debate on whether to publicly flog convicted rapists, certain quarters, including women's groups, said today that such a move could have adverse effects.

Former United Nations special rapporteur on the independence of judges and lawyers Param Cumaraswamy said public flogging was not the answer in dealing with rapists regardless of the severity of the offence.

"Such a public display of the convicted rapist could trigger other traumatic and psychological conditions in the public's mind and even lead to public sympathy for the rapist," he added in a press statement.

He said present laws were sufficient to deal with rapists and stressed that the process of apprehending the perpetrators was vital.

"What needs to be done is to apprehend the criminals, bring them to justice and mete out the appropriate punishment, proportionate to the gravity of the crime," he explained.

He also pointed out that whipping was considered a form of cruel punishment and was not supported by international law.

"Further, Article 7 of the International Covenant on Civil and Political Rights prohibits 'cruel, inhuman or degrading' forms of punishments... Malaysia should not be seen as going against international standards," he said.

'Knee-jerk reaction'

Human rights group Suaram called the proposal a "knee-jerk" reaction and denounced public flogging as a cruel punishment which is against human rights.

"Flogging (behind closed doors) alone is inhumane and it is an act of state torture. If it was to be done in public, it would further dehumanise the criminal," said its coordinator Eric Paulsen when contacted.

He said research had shown that harsher punishment does not effectively solve such crimes.

"Take for example the punishment for drug trafficking. Capital punishment for drug trafficking is not a deterrent for such crimes," he added.

Paulsen also believed that the present punishment was "strong enough" to deter would be rapists and stressed that the system involving the prevention as well as handling of rape cases must be reformed to better address the problem.

"It's the policing and the enforcement which needs to be more sensitised in dealing with rape victims, because they become further victimised when they have to go through another ordeal when reporting a rape," he said.

A joint action coalition comprising six prominent women's rights groups also rejected the proposal.

'No to violence'

The coalition consists of Sisters-in-Islam (SIS), Women Development Collective (WDC), Women's Aid Organisation (WAO), All Women's Action Movement (Awam),Women Centre for Change and the MTUC Women's Committee.

"As women's organisations, we have always been in principle against heavy punishments, because heavy punishment deters victims from reporting such crimes," said WDC executive director Maria Chin Abdullah in a statement issued on behalf of the coalition.

She said this was due to the fact that 87 percent of sexual violence cases were perpetrated by those known to the victims.

She added that the group wanted "zero tolerance for violence" and that the public should not ask for more violence to be committed, even on rapists.

"We are treating violence with another violent act. Equating one act of violence with another should be removed from the public's mindset," she stressed.

Maria also noted the importance of proper sex education, which she added was still considered a taboo here.

She said sex education should focus on teaching children to respect the opposite sex and also help identify personal safety, such as teaching children to resist untoward advances by perpetrators.

"The administration and the Women and Family Development Ministry really have to look into this (revamping sexual education)," she said.

Proper study needed

Also voicing disapproval to the proposal to publicly flog rapists, was the Bar Council.

Its chairperson Kuthubul Zaman Bukhari said that the present punishment meted out on these criminals was sufficient.

"The council stand is that we are against the proposal of public flogging...the punishment of maximum 20 years and whipping is deterrent enough," he said when contacted.

He said there was no indication from studies done that rape cases would be reduced if harsher penalties were introduced and called for a proper government study on the matter.

The idea for public flogging was mooted by de facto law minister Dr Rais Yatim soon after the rape and murder of a 10-year-old girl earlier this month.

Prime Minister Abdullah Badawi said he would consider the feedback from the public over the issue via the media while Puteri Umno head Azalina Othman even suggested that the flogging be televised.