Consent under duress is not genuine consent, said the leader of opposition Parti Keadilan Rakyat (PKR).

"Under no circumstances should we condone rape, especially when there is evidence that consent is given under pressure or threat to a person of authority," said Wan Azizah Wan Ismail.

Wan Azizah added that her party supports the inclusion of the new category of 'aggravated rape' in the proposed subsection 375(f) of the Penal Code, as recommended by the Parliamentary Select Committee on Amendments to the Criminal Procedure Code and the Penal Code.

"We live in a world where abuse of authority to obtain sexual favours has been normalised, and a woman's torment stems beyond bruises and scars," she said.

"It is time to give genuine protection to women who had to suffer this indignity and abuse in silence all through the years, and to give them due protection when speaking up against these crimes."

However, she was mindful of the clarification by Bar Council president Yeo Yang Poh that the proposed definition may be "too wide and may inadvertently capture situations that are not supposed to be covered".

"We are of the opinion that the language of the proposed legislation can be further tightened, without losing the effect and essence of the proposed legislation."

Taking revenge

The Bar Council, which represents the country's 12,000 lawyers, has expressed reservations to a number of proposed amendments to the criminal laws on rape.

One of the amendments considers it 'aggravated rape' when a women's consent to sex is obtained by using his position of authority over her or because of professional relationship or other relationship of trust to her.

"This proposed amendment is obviously designed to appease women's rights groups (who have been) insistent on such an amendment. Amendments are easy to make but the repercussions must be considered and innocent men may be easily accused of rape," said the Bar's criminal law sub-committee chair V Sithambaram at a hearing of the parliamentary select committee last week.

"Consent obtained by virtue of professional relationship or relationship of trust is vague and can easily be abused when a genuine relationship turns sour. This section can be used to exact revenge in a failed relationship."

He gave the example of a doctor may be deemed to have raped his nurse, who is his girlfriend, if their relationship turns bad.

Women's groups have argued that the amendment was intended for men who abuse their authority in coercing sex from women under their charge, such as prison wardens, police officers, trainers, physicians, bomohs, mediums or therapists.

Marital rapes

Wan Azizah, who is wife of former deputy prime minister Anwar Ibrahim, also expressed support for punishment in cases of sexual abuses in marriages.

She stressed that there should be zero tolerance of such abuses in marriages, be it physical or mental.

"Thus we are in support of the recommended new Section 375(a) of the Penal Code, which provides that where a man, during the subsistence of a valid marriage, causes hurt or fear of death, or hurt to his spouse or any other person in order to have sexual intercourse with his wife."

The Bar Council has argued that wives must be 'actually physically hurt' into having sexual intercourse before their husbands could be charged.

This has riled up women's groups which have long been campaigning for reforms in rape laws.