Redefining rape: a proposal for rape law reform

Mohamad Yunus, Mohamad Ismail (2015) Redefining rape: a proposal for rape law reform. Malayan Law Journal, 4. pp. 89-100. ISSN 0025-1283

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Abstract

In the case of Bunya Jalong2 , a 60-year-old's conviction was overturned by the Court of Appeal because the accused said that he used his finger tainted with his semen to penetrate the victim, instead of using his penis.3 Thus, his conduct does not fall within the legal definition of rape which defines rape as penetration by the accused's penis into the victim's vagina under certain non-consensual circumstances.4 The main issue of this proposal is to study whether the meaning of 'sexual intercourse' under s 375 of the Penal Code should be amended and expanded so that the scope of sexual intercourse is only confined or limited to penile penetration. The objective of this proposal is to review and reform the definition of sexual intercourse with special focus on the law of rape in Malaysia with reference to the current development and application of the legal position from various common law jurisdictions.

Item Type:	Article (Journal)
Additional Information:	1688/45109
Uncontrolled Keywords:	rape, rape law
Subjects:	K Law > KBP Islamic Law K Law > KPG Malaysia
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws > Department of Legal Practice
Depositing User:	DR MOHAMAD ISMAIL MOHAMAD YUNUS
Date Deposited:	15 Oct 2015 10:47
Last Modified:	09 May 2016 09:19
URI:	http://irep.iium.edu.my/id/eprint/45109

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