A woman should not be doomed to a life of adversity in any part of the world. Still, looking at the way men in general view issues such as rape, it is evident that they have yet to learn how to relate to the pain and anguish faced by women who have been raped.

Male empathy is simply not there. Neither is there understanding of what the crime of rape is really about - there is inability to fathom the physical, emotional and mental anguish endured by survivors.

Malaysian men are no exception. They have exhibited, through their ignorance and insensitivity, the need to be educated about the issue of rape. If educated, they would have the decency not to jump to conclusions or make a moral judgement of the rape survivor.

Moves to expand awareness of rape must be shared by everyone, including the Bar Council. At a roundtable discussion last week, however, the council had no qualms about objecting to a proposed amendment that would criminalise rape by persons in a position of authority.

Criminal law sub-committee chairperson V Sithambaram claimed this would see the provision being abused or manipulated whenever a relationship fails.

The council, which said the law already defines rape as sexual intercourse without the woman's consent, claimed that proposed revisions are not lucid in defining the circumstances of rape.

Said Sithambaram: "Amendments are easy to make but the repercussions must be considered and innocent men may be easily accused of rape. Consent obtained by virtue of professional relationship or relationship of trust is vague and can easily be abused when a genuine relationship turns sour. This section can be used to exact revenge in a failed relationship."

In claiming that the proposal was clearly designed to appease women's rights groups, the council revealed unwillingness to deal with the harsh reality of a crippling crime like rape.

Sithambaram's arguments would send a chill down any woman's spine, for it makes women feel that humanity is dead.

'Special case'

Sithambaram said the proposed amendments to the Penal Code and Criminal Procedure Code are not clear enough in relation to aggravated rape of a pregnant woman. He said knowledge of pregnancy would be relevant in determining this offence.

"If the woman is two, three months pregnant, then it s fine. What if she is just two, three weeks pregnant?" he had asked during the discussion based on a parliamentary select committee's report on reforming the codes.

Under the proposals, a jail term of 20 years and/or whipping awaits those convicted of rape, while those convicted of aggravated rape could face a jail term of up to 30 years with a minimum of five years and/or whipping.

Aggravated rape involves circumstances when the victim is hurt or put in fear of death; rape in the company and presence of other persons; rape of a pregnant woman; and rape by those in a position of authority due to professional relationship or other relationship of trust even with her consent.

The Bar Council has failed to realise that rape is about sexual assault. When the woman who is raped is in the process of becoming a mother, the circumstances must be seen differently.

It does not matter whether she is one week or three months pregnant. Should she be raped at that stage, then it is a woman and mother who is involved. This in itself makes such a case 'special', and a more severe penalty should be imposed.

Spurious arguments

The select committee has thrown out a long-standing demand by women's groups to classify marital rape as an offence under the Penal Code. As a compromise, it proposed a new section to deal with husbands who cause hurt or threaten their wives with death ir order to have sexual intercourse. If convicted, the husband may be jailed for up to five years.

The Bar Council has opined that the provision should only be applied when the wife is physically hurt, alleging it would be easy for a woman to accuse her husband of putting her in fear of death or hurt. It is a flimsy argument at best.

How could the council trivialise the issue of rape, giving women no hope of seeing justice being served?

I have this to ask Sithambaram: Can he understand the trauma of rape that spins out into the rest of a woman's life?

What happens when a woman is raped by someone in authority, be it a bomoh, doctor, lawyer or even a politician? What does the law say about that?

What are her chances of even taking the case to court when a good (read: manipulative) lawyer is at their service?

The discussion here is about rape - about the male ego transforming itself into something despicable.

If this is allowed to continue, then God help women - the law certainly won't!