Minister in the Prime Minister's Department Dr Rais Yatim today announced that the government will review the legal definition or rape, a move which was applauded by women's groups.

However, they added that broadening the definition alone was not enough if the present criminal justice system remained unchanged and the rate of rape conviction low.

"We are very happy with the announcement, as we have been lobbying this for years and years," said All Women's Action Society of Malaysia (Awam) president Dr Mary Cardosa when contacted.

She added that other weak aspects of rape-related laws and procedures should also be reviewed, starting with upping the punishment for more violent forms of rape, otherwise known as aggravated rape.

Higher minimum and maximum sentences should therefore be tagged to cases of gang rape, rape of pregnant women, custodial rape (committed by police officers, army personnel, or others in positions of power), and rape committed by HIV positive individuals.

"We would also like to see a change to the courts, and an increase in rape convictions," said Cardosa, adding that the conviction rate in the Federal Territory stands at an abysmal 20 percent.

Better access

Women's Aid Organisation (WAO) executive director Ivy Josiah echoed similar sentiments.

"The issue is improving a rape survivor's access to the justice system," she stressed when contacted.

She said redefining 'rape' does not address the limitations of the legal system, weak investigative procedures and the lack of support given to rape survivors.

Currently, rape survivors who go through the courts were forced to relive their trauma for up to three years, she said, adding that "the structures of the law have to be addressed."

"I suggest that they look into the proposals that the women's groups have put forward (to various ministries)," she added.

Meanwhile, Rais said the government would be review the term rape under the Penal Code and Criminal Procedure Code, to possibly encompass the use of objects and not penile penetration alone.

The de facto law minister added that the reinterpretation of the word rape comes from recommendations by various quarters to include other segments of meaning to the term rape.

"But I must caution the media that all these must be subjected to technical, specific and thorough study. It cannot be done as a knee-jerk reaction," he was quoted as saying in a Bernama report.

Rais said his ministry would attempt to have the proposed amendments passed at the next parliament sitting in March.

Last September, the NGO coalition Joint Action Group Against Violence Against Women (JAG) proposed in a memorandum that broad amendments be made to rape-related laws, as all too often the system fails to put sexual offenders behind bars.

Since then, there has been no formal response from any of the memo's recipients - the Women and Family Affairs Ministry, the Attorney-General's office, and Rais' department - but the groups have extended their campaign towards lobbying parliamentarians.