Seputeh MP Teresa Kok today said marital rape was not specifically criminalised in the Penal Code due to opposition from Muslim groups.

"All the Muslim groups objected to this provision," she told Malaysiakini when contacted.

Kok ( photo ) was part of a parliamentary select committee which was in charge of making recommendations on the matter in 2006 when the Penal Code came up for amendments.

However, Kok said to address marital rape and overcome the NGO's opposition, the committee introduced a section on the matter without specifically mentioning "marital rape".

"It is a rape offence if the husband causes his wife hurt in order to have sex with her.

"This was what the select committee decided on marital rape. We worded it in a way that can avoid controversy," she said.

No plans to amend Section 375

Kok was referring to Section 375A of the Penal Code which was also raised by Minister in the Prime Minister's Department Nancy Shukri in a parliamentary written reply on the matter today.

The section reads: "Any man who during the subsistence of a valid marriage causes hurt or fear of death or hurt to his wife or any other person in order to have sexual intercourse with his wife shall be punished with imprisonment for a term which may extend to five years".

Earlier today, Nancy ( photo ) in a parliamentary reply said there were no plans to amend Section 375 of the Penal Code to make marital rape a crime.

The section contains a provision which states: "Sexual intercourse by a man with his own wife by a marriage which is valid under any written law for the time being in force, or is recognised in Malaysia as valid, is not rape".

She said this is based on the recommendations of the special select committee's decision in 2006 when plans were made to amend the Penal Code.