The issue is rape and I will make no apologies for talking about it yet again. The truth is that the cry of rape survivors has failed to melt the hearts of those in power.

Prime Minister Abdullah Ahmad Badawi, I can only urge you, Sir, to place just as much emphasis on reviewing the Penal Code as you do on other matters of interest. There is a glaring absence of a fair and just legal shoulder on which rape survivors can lean.

It is not my intention to demean those in power but really, it is heartbreaking to see their reaction to matters as heinous as that of rape. Within the spate of 12 days - between Jan 9 and 19 - two 10-year-old girls were raped, with one being murdered in broad daylight.

The reason I mention the time is to destroy the myth that targets of rapists usually loiter about at night and, therefore, some 'invite' sexual assault.

It is also time that society moves past its tendency to blame and stigmatise rape survivors, and starts thinking about why rape is fast moving up the ladder of criminal activities in Malaysia.

In the case of Nurul Huda Abdul Gani, who died after being allegedly gang-raped last Saturday, a security guard has been arrested as a suspect. Public attention is currently on recruitment procedures among security firms and their clients.

Everyone should stop passing the buck. Security firms should not claim that they had no prior knowledge of employee's criminal record. Others should not dump the blame on security firms.

Both security firms and their clients must share the onus to check on security guards and show no mercy if such personnel are involved in social ills.

Legal loopholes

With every incident of rape and depending on the severity of the offence, the incident becomes the talk of the town. With some luck, it may not remain mere gossip but bring about useful suggestions that help to assure the safety of those targeted by sexual deviants.

Current Malaysian laws against rape do not have a graduated scale of punishment or additional penalties for aggravated rape. Judges also have the discretion to sentence the rapist within the minimum and maximum limits set.

Legal provisions relating to incest and rape have been amended to provide a heavier penalty for incest. Offenders can be jailed between six and 20 years and are liable to a maximum of 24 strokes of the rotan.

The penalty for rape is a minimum jail term of five years, but not more than 20 years, and whipping.

Women's groups have been trying to address legal loopholes and to get the Penal Code amended to reflect the severity of rape as a crime.

The Anti-Rape Task Force has drafted a 'Memorandum on Laws Related to Rape', specifying amendments needed to Section 375 of the Penal Code, as well as to the Evidence Act 1950 and Criminal Procedure Code.

Last September, the task force invited relevant government officials for a discussion where the memorandum was also to be presented. Unfortunately, the Prime Minister's Department, Women and Family Development Ministry and Attorney-General's Chambers did not send their representatives. Only the Bar Council bothered to do so.

To say that the organisers were disappointed by the lack of support would be an under-statement. And what is the thinking person to make of this absenteeism? If one reads between the lines, the perception is that efforts of women's groups hardly have any priority in officialdom.

In view of the escalating incidents of rape, we would do well to accept any feedback these groups have on issues of sexual and physical abuse. Lest we forget, it was persistent lobbying by women's groups for domestic violence legislation that finally led to a law being passed

They still remember the foot-dragging that went on for 10 years before that, as the government dithered over calls to bring in the law. Even when the Domestic Violence Act was enacted in 1994, it took two more years for it to be enforced - and that too, with glaring flaws.

For instance, under the Penal Code (with which the law is read), domestic violence is not recognised as a specific crime punishable with its own set of penalties. The law is also silent on marital rape.

Women's groups also point to delays when the Law Reform (Marriage and Divorce) Act - which bars polygamous practices among non-Muslims - was passed in 1976. This then took six years to be enforced, on the pretext that 'adequate' time was needed to create awareness of its provisions.

Memo for change

The Anti-Rape Task Force has highlighted the need:

  • for a new sub-section on aggravated rape;

  • to change the provision on burden of proof which is now tied solely to the issue of consent; and

  • to recognise marital rape as an offence.

The proposed amendments have been adopted from various jurisdictions, taking into consideration the legal implications that might surface. Such changes are long overdue.

The memorandum can be used as a blueprint for legislators, who could refer to explanations and justifications for reform that can no longer be ignored.

Prior to finalising the draft, the task force had tried seeking a meeting de facto Law Minister Dr Rais Yatim, but did not succeed.

The main worry of the task force is that legislators may amend rape laws without referring to the input in the memorandum and that, therefore, any new legal provisions may not sufficiently serve justice.

Another worry is that the whole memorandum may be ignored just because it includes a proposal that marital rape be made an offence. The task force has been steadfast in its demand for this, as recognition that this is an act of violence against women and a violation of their human rights.

During his tenure as Deputy Prime Minister, Pak Lah had asked the police and other agencies to give top priority to women's safety.

The rakyat would like to see that call taking shape. We are still hopeful, Pak Lah!

JJ RAY started her career with a mainstream publication. A non-conformist, she soon saw the barriers that went up whenever, through her writing, she tried to make the world a home for one and all.