The request from women's groups that marital rape be classified as an offence under the Penal Code has been rejected by the parliamentary select committee tasked with reviewing the Criminal Procedure Code and Penal Code.

Women's groups have argued that marital rape, where a husband forces his wife to have sex, is against the Syariah law and other religions.

Instead of marital rape, the committee proposes to insert a new clause where a husband causing hurt or threatening his wife with death in order to have sexual intercourse may face imprisonment of up to five years.

The committee also seeks to remove the minimum five-year mandatory jail term for convicted rapists. Under present laws, those convicted of rape can be punished with a minimum of five years in not exceeding 20 years and/or whipping.

The committee, in its report tabled in Parliament recently, proposes to break the punishment for rape into two categories in order to allow the courts to be no longer bound by the minimum five-year jail term.

For those convicted of rape, they could face up to 20 years in jail and/or whipping. For those convicted of aggravated rape, their jail terms can extend up to 30 years with a minimum of five and/or whipping.

Aggravated rape is when:

  • the victim is hurt or put in fear of death;

  • rape in the company and presence of other persons;

  • rape of those below 16 years of age without consent;

  • rape those below 12 years of age with or without consent;

  • rape a pregnant woman and;

  • rape by those in a position of authority irrespective of consent.

    • Snatch thefts

    The committee also proposes amendments to two new punishments for rape which were passed in 2003 but are to be enforced. They were put on hold due to the establishment of the committee.

    Under the new laws passed in 2003, a person convicted for committing incest is liable to be jailed between 15 and 30 years with up to ten strokes of the rotan. The committee now proposes to reduce the jail term to between eight and 15 years. This, it said, is to encourage the public to report the offence.

    The committee also wants an alternative to the punishment for rape cum murder from the present mandatory death penalty to either the death penalty or imprisonment of between 15 and 30 years and not more than 10 strokes of the rotan.

    "This is based on the consideration that there might be those who did not intend to cause the death of the rape victim. With the amendment, the courts will have more discretion to decide whether the accused should face imprisonment or a death penalty," it said.

    On snatch thefts, the committee has recommended to make the crime a specific offence with perpetrators facing up to 14 years in jail.