Transsexuality and the criminal law

Mohamad Yunus, Mohamad Ismail (2012) Transsexuality and the criminal law. Pengaman, Official Magazine Of Royal Malaysia Police, 1 (1/2012). pp. 80-84. ISSN 2232-1330

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Abstract

By virtue of section 375 of the Malaysian Penal Code (MPC), it is clearly stated that the offence of rape could only be committed by a man (as defined in section 10 MPC) as principal upon a woman (as defined in section 10 MPC) as victim. This provision highlights that in Malaysia, the law of rape is entirely gender delineated. A question might arise, how about if a biological male who underwent the gender reassignment surgery or transsexual operation and consequently become a person with an artificial female genitalia and the issue is whether that person would remain as a male for the purposes of criminal law, and thus could not be the victim of the offence of rape?

Item Type:	Article (Magazine)
Additional Information:	1688/50510
Subjects:	K Law > K Law (General) K Law > KD England and Wales
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:	09 May 2016 15:12
Last Modified:	09 May 2016 15:12
URI:	http://irep.iium.edu.my/id/eprint/50510

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