________________________________________________________

(ELC093)

ACADEMIC WRITING FOR FOUNDATION STUDIES

MARITAL RAPE SHOULD BE RECOGNISED AS RAPE IN MALAYSIA

_________________________________________________________________________

Prepared for:
Miss Anis Zulaikha binti Basrah
Prepared by:
Nur Amirah binti Mat Luwi
(2013887254)
P10052D

Outline

Topic:
Marital rape should be recognised as rape in Malaysia
Thesis Statement:
Marital rape should be recognised as rape in Malaysia as the act of rape has no exception to
whom the perpetrator is, it negatively affects the other spouse emotionally and physically
and it stains the purity of a matrimony.

1.0 The act of rape has no exception to whom the perpetrator is

1.1 Rape is rape
1.1.1 Being married to someone does not entitle you to have sex with that

1.1.2

person whenever you want.

1.1.1.1 Non-consensual sex is rape no matter what.
1.1.1.2 A wife is not a husband's property.
In a marriage husbands do force their wife to have sex.
1.1.2.1 In a recent study in the Netherlands, over 25% of married
women reported being forced or pressured into unwanted sex
by their marital partners.
1.1.2.2 A recent study by The Musasa Project in Zimbabwe reported
that out of a total of 759 women interviewed, 73% said that
they had been made to have sex with their partners against
their will.
1.1.2.3 In the United States, the best available estimates indicate that
10-14% of women ever married or cohabiting have been raped
by the use or threat of physical force at least once by their
partners, and many report being raped repeatedly throughout

their marriages or intimate partner relationships.

1.2 Malaysian rape laws had a very narrow definition of what rape is.
1.2.1 Marital rape was not recognized as rape and was only punishable
1.2.2

based on the potential or actual physical harm inflicted on the victim.

The exception in Section 375 of the Penal Code that states: Sexual
intercourse by a man with his own wife by a marriage which is valid
under any written law for the time being in force, or is recognised in the

Federation as valid, is not rape should be taken away.

2.0 It negatively affects the other spouse emotionally and physically

2.1 The reality is that rape is an act of violence and the weapon is a penis. Its all
about power and control and it is an assault that is sexual in nature
2.1.1 Research shows that it can be equally, if not more, emotionally and
physically traumatizing than rape by a stranger.
2.2 Marital rape victims face special issues as distinguished from other rape victims.
2.2.1 Longer recovery from trauma
2.2.2 Higher likelihood of repeated assault
2.2.3 The married perpetrator is more likely to use anal and oral rape to
humiliate, punish and take full ownership of their partners
2.2.4 Pressure to stay with perpetrator
2.2.5 Difficulty in identifying what happened as a crime
3.0 Marital rape stains the purity of a matrimony
3.1 Marital rape is so destructive because it betrays the fundamental basis of the marital
relationship.
3.1.1 The rapist is a person whom a woman knew intimately, with whom she

shared a history, a home and quite often children.

3.2 In Islam, there is no such thing as marital rape
3.2.1 The Mufti of Perak, Dr Harussani Zakaria said that making such laws is
against Gods will and is influenced by the west that gives women
3.2.2

excessive rights.
Malaysian Muslims' abhorrence of all forms of violence against women

3.2.3

is not and cannot be said to be drawn from western influences.

Once the Holy Prophet (saw) chastised abusive husbands by saying:
'Today

seventy

women

have

visited

Muhammad's

house

all

complaining against the harsh treatment of their husbands. The men

who have misbehaved in this manner are certainly not the best
3.2.4

amongst you.' (Ibn Majah)

Islam grants rights to both husband and wife. Each has a right over the
other. Whilst the husband has a right to have sexual relations with his
wife, a wife similarly has the right to sexual relations with her husband.

Conclusion
Being married doesnt give you a green light to rape. The act of rape in marriage itself should
be criminalized in Malaysia.
Final Essay

Rape is defined as sex without your consent. In law, to be specific section 375 of the
Penal Code, rape is limited to the insertion of the penis into your vagina against your will. If
you are under 16 years of age, sex with or without your consent is statutory rape. Sexual
assault includes forced anal sex, and the insertion of objects into your vagina, mouth or
anus. Marital rape however is not criminalised. It is limited to the husband causing hurt or

fear of death to the wife in order to have sex but not the sexual intercourse itself. How did
this come about? Historically, English law provided that when a woman marries, she is
deemed to have given herself to her husband and is his property. According to Audra (2013),
this is due to the countrys colonial past that English law remains as Malaysian law even
though marital rape is now recognised as a crime in England and in many other countries.
Marital rape should be recognised as rape in Malaysia as the act of rape has no exception to
whom the perpetrator is, it negatively affects the other spouse emotionally and physically
and it stains the purity of a matrimony.
The act of rape has no exception to whom the perpetrator is. Rape is rape. It should
not matter who did it. Victoria (2013) stated that being married to someone does not entitle
you to have sex with that person whenever you want. A wife is not a husbands property for
him to do whatever he wants, whenever he wants. Husbands do force their wife to have sex
in a marriage (Victoria, 2013). According to Kim and Carrie (2000), in a recent study in the
Netherlands, over 25% of married women reported being forced or pressured into unwanted
sex by their marital partners. A recent study by The Musasa Project in Zimbabwe reported
that out of a total of 759 women interviewed, 73% said that they had been made to have sex
with their partners against their will and in the United States, the best available estimates
indicate that 10-14% of women ever married or cohabiting have been raped by the use or
threat of physical force at least once by their partners, and many report being raped
repeatedly throughout their marriages or intimate partner relationships
Malaysian rape laws however, had a very narrow definition of what rape is. Marital
rape is not recognized as rape and was only punishable based on the potential or actual
physical harm inflicted on the victim. The exception in Section 375 of the Penal Code that
states Sexual intercourse by a man with his own wife by a marriage which is valid under any
written law for the time being in force, or is recognised in the Federation as valid, is not rape
should be removed (Victoria, 2013).
Moreover, in marital rape, the spouse is badly affected both emotionally and
physically. The reality is that rape is an act of violence and the weapon is a penis (Victoria,
2013). Its all about power and control and it is an assault that is sexual in nature. Research
shows that it can be equally, if not more, emotionally and physically traumatizing than rape
by a stranger. Marital rape victims face special issues as distinguished from other rape
victims (Monu, 2013). This is because the perpetrator is someone who they are close with
and someone they trust. Contrary to popular belief, the trauma actually may last longer for
the marital rape victim than for the stranger rape victim. Reasons include lack of recognition
and ability to share the pain, and the profound sense of a betrayal of trust. There is also a

higher likelihood of repeated assaults. Research shows that women who are marital rape
victims are more likely to experience repeated assaults than other rape victims; in fact,
among battered women, sexual assault may be a routine part of the pattern of the abuse.
Besides that, there is a pressure to stay with the perpetrator. A victim with children
who lacks outside employment may be financially dependent on the spouse and feel there is
no way to leave the situation, and the victim may face additional pressure from family
members or friends to remain with the perpetrator. Marital rape also brings negative effects
on children in the household. They may witness the sexual violence or otherwise be affected
by it in one way or another. Victims of marital rape will have difficulties in identifying what
happened as a crime. She will find it difficult to define the husbands conduct as rape or
recognise someone she married and loves as a rapist.
Marital rape should be criminalised because it stains the purity of a matrimony. It is
so destructive as it betrays the fundamental basis of a marital relationship. The rapist is a
person whom a woman knew intimately, with whom she shared a history, a home and quite
often children (Monu, 2013). In Islam however, there is no such thing as marital rape. The
Mufti of Perak, Dr Harussani Zakaria said that making such laws is against Gods will and is
influenced by the west that gives women excessive rights (Prema, 2004). Malaysian
Muslims' abhorrence of all forms of violence against women is not and cannot be said to be
drawn from western influences. Once the Holy Prophet (saw) chastised abusive husbands
by saying: 'Today seventy women have visited Muhammad's house all complaining against
the harsh treatment of their husbands. The men who have misbehaved in this manner are
certainly not the best amongst you.' (Ibn Majah). According to Zarizana (2004), Islam grants
rights to both husband and wife. Each has a right over the other. Whilst the husband has a
right to have sexual relations with his wife, a wife similarly has the right to sexual relations
with her husband.
Being married does not give anyone a green light to rape. To the victim, the place
they call home is now no longer a safe haven. Marital rape should be recognised as rape in
Malaysia as it does not matter who the rapist is, rape is still rape, it affects the wife
negatively and it stains the purity of the marriage itself.
References

Audra Roslani. (2013). Malaysia: Marital rape not recognised as a crime.

Retrieved on February 14, 2014 from http://www.venusbuzz.com/archives/38659/
malaysia-marital-rape-not-recognised-as-a-crime/

Brown, V. (2013). Marital rape should be recognised as rape, say activists. The Star Online.
Retrieved on February 14, 2014 from http://www.thestar.com.my/News/
Nation/2013/08/13/rape-law-marriage.aspx/
Meikeng, Y. (2013). Make marital rape a crime. The Star Online.
Retrieved on February 14, 2014 from http://www.thestar.com.my/News/Nation/2013/
02/06/Make-marital-rape-a-crime/
Monu Gupta. (2013). Marital rape is rape.
Retrieved on February 14, 2014 from http://worldpulse.com/node/75264
Prema Devaraj. (2004). Furore over marital rape.
Retrieved on February 14, 2014 from http://aliran.com/archives/monthly/
2004b/9m.html
Zarizana Abdul Aziz. (2004). Marital rape is not sex - it's a criminal act.
Retrieved on February 14, 2014 from http://www.malaysiakini.com/letters/30115