If the first thought that flitted through your mind when you read the heading was not again, thank you for being honest with yourself.

If you find yourself tiring of this topic, you probably arent the only one.

And if you find yourself cringing in discomfort because of the intimate nature of this act of violence, its not surprising.

Why?

We cant even talk about that V word without hearing bellows of self-righteous indignation from our enlightened City Hall officers who, claiming a moral high ground, proceeded to disallow the re-staging of the play The Vagina Monologues recently after a successful first run.

And if we cant talk about a womans vagina with open honesty, why should we be flabbergasted when the issue of rape is perpetually swept under the carpet or veiled in emotionless statistics, when what we need more than ever is to be shocked out of passivity by the pragmatic reality of the grotesque nature of the crime?

Whether we — or the authorities — like it or not, the vagina is central to the crime of rape. A penis need not necessarily be. But because of a traditional interpretation of the definition of rape, there cannot be rape if there is no actual penetration by a mans genitalia. Which means penetration by other objects would not be called rape.

And it is because of loopholes like these that we seek to bring to public attention the gross deficiency prevalent in our system of laws regarding rape.

Regressive response

In an interview with malaysiakini yesterday, Manohary Subramaniam of All Womens Action Society in Malaysia (Awam) talked about rape-related laws which have long over-stayed their welcome, and seek to bring into the public spotlight an issue which we are now too politically correct to term as taboo but still inwardly regressive in our active response to the whole subject.

If words like vagina can be taboo to the authorities, is it any wonder then that the woman on the street who has just been raped, refuses to meet us until after a few sessions on the phone to talk about her ordeal, which inevitably involves her vagina?

Victims of domestic violence have seen great leaps and bounds in that many have come to terms with the fact that they are the victims and that it isnt their fault. They dare to come forward and speak because there is no longer that stigma attached to being beaten up by your husband.

But we have a long way to go with the social effects and responses to rape, said Mano.

And the first step would be to re-define rape since the current definition according to our law is hopelessly narrow, she said.

Definition of rape

The current status quo under Section 375 Penal Code provides for an impossibly archaic definition considering the regressive evolution of the human mind for the worse in this aspect.

But according to Mano, with Awams proposed amendments which will be submitted to Parliament this year:

  • Bottles, hangers, sticks and other like apparatus are recognised as instruments that can be used to initiate rape as long as there is penetration of the vagina;
  • Rape may take place between members of the same sex; and
  • Rape may be committed by a husband against his wife.

    • We want to see a new Section 375B come into place which will provide for higher penalties for aggravated forms of rape, said Mano.

    Offences falling into this category would include:

  • Custodial rape: Perpetrated by law enforcement agents (police, military, etc.), or any social or religious figures;
  • Gang rape: Perpetrated against the victim by more than one individual; and
  • Where the perpetrator was fully aware that he/she was a carrier of a sexually transmissible disease, and the said disease is transmitted to the rape victim.

    • We hope to submit these proposals to Parliament by the end of this year. Since our studies, consultations and submissions began in 1999, they have largely remained on paper, added Mano.

    The delay in bringing the proposals to Parliament, she explained, is because from our consultations, we have realised that there are still details which have not been ironed out. For example, we initially pushed for all trials involving a child witness (be it in a sexually related case or not) to be carried out in camera (closed court).

    But we received feedback that this should not be absolute, otherwise NGOs such as ourselves who may be interested in the welfare of the parties involved, will not have access to the proceedings.

    Elements of murder

    The ultimate legal reform would probably be in the crystalisation of a rape victims rights in the Evidence Act 1950 through a requisite unambiguous and unequivocal provision — that the burden of proof in a rape case would fall solely and entirely on the accused, not the victim, to prove his/her innocence.

    To combat the crime of rape, the law needs to be changed. But without the substance of human sociological response, the law will remain very much an empty form.

    Which makes it necessary for society at large to distinguish the elements of sex and violence. Rape is essentially about violence.

    Lets say that again: Rape is essentially about violence.

    And again: Rape is about violence.

    It is a crime driven by mens rea (guilty mind) similarly present in other aggravated crimes. The state of mind in which a rape is actually perpetrated cannot be clouded singularly by the element of lust.

    Rather, we must acknowledge, punish and bring to bear the overwhelming ingredients such as intent to cause bodily injury and ultimately, gross disregard for human life, the very elements present in cases of murder.