Kulai MP Teo Nie Ching points out that not a single husband has been charged for causing hurt to their wives to force sexual intercourse.

The DAP parliamentarian claimed authorities are reluctant to charge, which is why six out of seven cases under Section 375A of the Penal Code remain under investigation.

Teo was referring to statistics provided by the Home Ministry on convictions under Section 375A, in a written reply today.

According to the data, of the seven people investigated from January 2014 till March this year, none have been charged.

"The figure tells us a few things. First, despite the new section, our authority is reluctant to charge the husband.

"Secondly, it also shows that not many wives really know and understand their rights," Teo said during a press conference at the Parliament lobby today.

De facto law minister Nancy Shukri ( photo ) had said yesterday that the government has no plans to criminalise marital rape .

Teo drew simple parallels to other crimes to point out why the decision was illogical.

"If a husband takes his wife's money or property, it's considered theft. If a husband beats his wife, it's considered assault and battery.

"However, when we talk about rape, why is there a provision that says the husband can rape his wife, as long as he doesn't use force? This doesn't make sense," she added.

5 years maximum under 375A

"For all other criminal offences, there is no provision to say that if this happens between husband and wife, a lighter punishment should be imposed," she added.

While she understands there might be factors leading to this outcome, she said Malaysian men must be educated that marital rape is 'not okay'.

"We need to educate our society to let them know that it is not okay for the husband to force his wife to have sex with him.

"I believe the wife's body is her right and therefore, she has the right (to refuse sex)," she added.

Teo ( photo ) also asked that there be another parliamentary select committee (PSC) to study marital rape, as the last hearings on the matter was held in 2006.

Seputeh MP Teresa Kok had revealed yesterday that a 2006 PSC overseeing amendments to the Penal Code had met up with objections from Muslim groups when they brought up the term 'marital rape'.

As such, they came up with Section 375A which 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".

The section also contains an explanation 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".

The punishment for Section 375A is a maximum of five years. Rape, under Section 376 of the Penal Code, carries a minimum sentence of five years and up to a maximum of 20 years, and also liable to whipping.

Putrajaya's refusal to change its position on marital rape has faced criticisms from women's groups.

The Association of Women Lawyers called it a regressive stance , in stark contrast to 52 other countries which have criminalised marital rape, including Muslim-majority Turkey.