Country Malaysia
Year 1997
Type of Measure Violence against women > Legislation
Form of Violence Sexual violence

Brief Description

According to Article 375 of the Penal Code, A man is said to commit "rape" who, except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the following descriptions:
(a)against her will;
(b)without her consent;
(c)with her consent, when her consent has been obtained by putting her in fear of death or hurt to herself or any other person, or obtained under a misconception of fact and the an knows or has reason to believe that the consent was given in consequence of such misconception;
(d)with her consent, when the man knows that he is not her husband, and consent is given she believes that he is another man to whom she is or believes herself to be lawfully married or to whom she would consent;
(e)with her consent, when, at the time of giving such consent, she is unable to understand the nature and consequences of that to which she gives consent;
(f)with or without her consent, when she is under sixteen years of age.  Whoever commits rape shall be punished with imprisonment for a term of not less than five years and not more than twenty years, and shall also be liable to whipping.

Source of Information

CEDAW/C/MYS/1-2, para 450


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