THE government has reiterated its stand to not criminalise marital rape, as there has been only one case successfully prosecuted to date, involving foreigners.

Deputy Minister in the Prime Minister’s Department Mohamed Hanipa Maidin said domestic violence cases can be addressed using the Penal Code.

“For now, we will use the Penal Code. Its provisions are not being fully utilised, either. Our problem is, there has been just one case (of marital rape), involving foreigners.

“There have been complaints (about marital rape), but no one lodges a police report, because the wife is afraid of losing income (if the husband goes to jail). You can’t look at the matter from just one angle,” the Sepang MP told reporters at the Parliament lobby today.

Hanipa has been criticised by women’s rights groups for his statement yesterday, that there is no point criminalising marital rape because such cases are difficult to prove and convictions hard to secure.

He spoke on the matter in Parliament, in response to Maria Chin Abdullah (PH-Petaling Jaya), who asked the government if it would change existing laws that grant immunity to husbands accused of raping their wives.

The exception is in the Penal Code’s definition of rape, which does not include husbands who rape their wives.

Women’s rights groups have said most Commonwealth countries that inherited the British law have repealed it. – October 31, 2018.

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