PETALING JAYA: Sexual violence such as rape is a conscious act and an active decision on the part of the perpetrator to inflict harm and exert power and dominance over someone else, said Women’s Aid Organisation (WAO) senior advocacy officer Zati Hanani Zainol Abidin in commenting on the rising number of such cases.
According to former Bukit Aman Criminal Investigation Department director Datuk Seri Abdul Jalil Hassan, 1,398 rape cases were reported last year, higher than the 1,378 recorded in the preceding three years.
Zati Hanani said police and medical officers might face challenges such as a lack of facilities and manpower to deal with victims.
“At times, there is an absence of women police officers to attend to rape survivors. This needs to be a priority because in cases where the perpetrators are men, a survivor may not feel comfortable reporting her case to a male officer.
“The handling of suspected rape victims is a time-sensitive matter and the inability to lodge a police report immediately will expose them to corruption of evidence and risk their safety.”
She said in a 2021 WAO survey titled “Malaysian Public Attitudes and Perceptions towards Violence Against Women”, about half the respondents said they were likely to endorse violence against women and do not support gender equality.
“Surprisingly, 83% of Malaysians believe the myth that the offence is caused by men who are not able to control their desires and about 50% believe that it is prompted by how women act or dress.”
Lawyer and Bar Council Child Rights chairperson Kokila Vaani Vadiveloo said Section 375 of the Penal Code considers rape to be a serious crime, with penalties including imprisonment of up to 20 years and whipping.
“However, there are criticisms regarding certain aspects of the legal system. For instance, marital rape is not explicitly recognised as a crime.
“Comparatively, other countries with more comprehensive laws that include marital rape offer greater legal protection to survivors or have more effective systems for prosecuting such cases.
“But no legal system is perfect and many countries struggle with similar issues of under-reporting, victim blaming and impunity for perpetrators.”
Kokila Vaani said judges are granted wide discretionary powers to impose sentences against a rape convict and they often take into account if he is a first offender.
“The courts often regard the fact that the offender has not committed any other offence before as a strong mitigating factor. Hence, the judge may impose lighter sentences such as a shorter prison term,” she said, adding that the courts impose heavier sentences on repeat offenders.
