Women organisations are outraged by the remarks made by an Ampang Sessions Court judge yesterday when he freed a police constable from the charge of raping two foreign women in a police lock-up last February.

All Women's Action Society, Sisters In Islam, Women's Aid Organisation and Women's Candidacy Initiative today said the judge's remarks on the conduct of the women were insensitive and depicted as if he did not understand the dynamics of rape or rape survivors.

In a joint press statement, they said that they are deeply disturbed by the grounds given by judge Mohamed Saman Mohd Ramli for the acquittal of Razali Pilen from the charges allegedly committed in a room at the Hulu Langat district police station in Selangor on Feb 24, this year.

The judge had stated that he found the sexual acts between Razali and the Filipino and Indonesian illegal immigrants, aged 23 and 24 respectively, to be "voluntarily, just like between husband and wife".

'Violence against women'

"When a man forces himself on two women, that can never be equated as a consensual act between husband and wife, what more if it was done by a person in authority," the group said in the statement.

Stressing that rape is not a sexual intercourse but a non-consensual act and "violence against women", the group said they were disheartened that the rape myth is being perpetuated by the authorities involved in carrying out justice.

They also questioned Mohamed Samani's grounds in doubting the survivor's credibility just because they are illegal immigrants and married with children, did not resist the sexual acts, had no physical injuries, voluntarily shed their clothes, and had delayed lodging their reports.

"We are outraged and are in disbelief that these statement are still being made at this day and age. It is highly disturbing when a learned person does not understand the dynamics of rape and rape survivors and with this bias decides on the fate of the women," the group said in the statement.

"A survivor may comply with a rapist's demand out of fear. The fact that the perpetrator is a uniformed personnel increased the possibility of compliance by the survivor," they explained.

To the judge's observations that there were no signs of physical injuries, the group said, "It does not require a bruise or the survivor to scream for help to make it a crime."

As for the judge's mention of their marital status, the group said, "A married woman and a mother can be raped. So can an 89-year-old grandmother and a 10-month-old baby. What has the fact the women have been married before and have had children got to do with the fact that they were raped?"

'Sorely tested faith'

The fact that the survivors were illegal immigrants which the group said was irrelevant to the crime and the survivors' credibility "should in fact enable the judge to understand the reason for the delays and the degree of compliance on the part of the victims".

Stating that their faith in the system was "sorely tested" by the decision, they urged the government and the chief justice to seriously look into the matter.

"Members of the judiciary need to be sensitised and trained on issues of rape and we urge the Attorney-General's Chambers to appeal against the acquittal," they said.

When contacted, Parti Rakyat Malaysia deputy Youth chief Latheefa Koya described the judgment as a grave setback for all the fight against sexual oppression against women and something has to be done to rectify the situation.

"The acquittal is outrageous. How can there be consent when the offence took place while the immigrants were in police custody at the police lockup? How can there be free will at all?" said Latheefa who is also a lawyer.

She said that women must now demand an explanation from the police on protection for women under police custody and whether any disciplinary action will be taken against Razali since the court had acknowledged that he had sex in his workplace.

"If no action is taken against him, it will be a green-light for all enforcement officers to sexually abuse women detainees. There is no guarantee of protection at all. It is also a double blow for immigrants who are in a more vulnerable position," said Latheefa.

Parti Insan Reformasi Malaysian legal adviser P Uthayakumar also asked Attorney-General Abdul Gani Patail to consider appealing against the decision to the High Court.

He said that the matter should be appealed as it is of public interest and involves abuse of power.