Putrajaya is insistent on not criminalising marital rape at this time, advising women instead to make more use of Section 375A of the Penal Code.

Deputy Minister in the Prime Minister's Department Hanipa Maidin (above) explained that to date, there has only been one case recorded under the existing provisions, and he was informed that the report was eventually withdrawn.

Section 375A pertains to any man who causes hurt or fear of death to his wife in order to have sexual intercourse.

A conviction under the section carries a jail term not exceeding five years.

"So I said for the time being make use of (Section) 375A. That law has not been fully utilised.

"So far (there was) only one case involving a foreign spouse. (Petaling Jaya MP) YB Maria Chin said there were a lot of complaints but no one has lodged a police report.

"(This is) because wives are scared that should (their husbands) go to jail, they will lose income. So we cannot just look at this from one angle alone," the Sepang MP said when met at the Parliament lobby this morning.

Hanipa pointed out that while the government is open to suggestions from women's groups, including on legal amendments or enacting new laws, the move at present could still be blocked by the BN-controlled Senate.

The de facto deputy law minister was responding to women's group Sisters In Islam who criticised his initial response to Maria in the Dewan Rakyat yesterday that the government has no plans to criminalise marital rape.

Hanipa has explained that such cases were difficult to prove in court.

In a later response, Maria cited fears that the government's decision could be misinterpreted to mean that the government views marital rape lightly. 

She also stressed that low reporting does not mean that the crime is not serious and justice must be available to the wives/spouses who have become victims of rape by their own husbands.

'Systems in place'

When met, Women, Community and Family Development Deputy Minister Hannah Yeoh (above) said women should not be afraid to lodge reports.

"I am here to tell women that we have systems in place to help them. The Welfare Department, NGOs and even zakat bodies.

"There are so many agencies that do not condone violence at home so they don’t have to fear lodging police reports as there are systems in this country to assist those in need," she stressed.

Yeoh also revealed that she had a meeting earlier today with various women's groups representatives on the issue of marital rape.

She said this was not the first time such a meeting was held and their recommendations on relevant law reforms were also previously presented to the then BN government.

"Now there are new stakeholders, a new women’s minister, a new law minister and a new attorney-general.

"It is important to bring all stakeholders to the table again and this time we have to engage not just women groups but also the various religious groups," she said.