Oral sex laws need to be repealed

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I am certainly shocked at the recent news report where a Kuala Lumpur City Hall worker was sentenced to a 60-year jail term and 22 strokes of the rotan as punishment for being convicted under Sections 377A and 377B of the Penal Code.

The punishment is excessively severe for infringements committed under Section 377B. For your readers’ information, Section 377 of the Penal Code reads as follows:

‘377A. Carnal intercourse against the order of nature - Any person who has a sexual connection with another person by the introduction of the penis into the anus or mouth of the other person is said to commit carnal intercourse against the order of nature.’

‘377B. Committing carnal intercourse against the order of nature - Whoever voluntarily commits carnal intercourse against the order of nature shall be punished with imprisonment for a term which may extend to twenty years, and shall also be liable to whipping.’

It is clear under Section 377A that oral sex is a crime, in addition to being a crime for any male to engage in anal sex. The key word here is ‘male’ as this section targets only men as it is a man who would put his penis into the mouth or anus of another.

This ancient law may have been enacted as a discrimination against same-sex encounters. However, there are other better ways to deal with the sexual issues of gays, lesbian and transsexuals.

It also seems that the full extent of this Penal Code law has been clearly abused where political matters are concerned.

Can anyone tell me why the de facto leader of the opposition has been charged for sodomy a second time while a Chinese minister of a Barisan Nasional component party clearly caught on tape engaged in oral sex has been let off easily?

There is a big possibility that this section has made most consensual sexual activities illegal between couples regardless whether they are married or not.

Section 377 of the Penal Code is an outdated law and must be repealed.



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