The Joint Action Group for Gender Equality (JAG) has challenged the Bar Council to provide evidence that the recommended amendments made by Parliamentary Select Committee on the Penal Code and Criminal Procedure Codes on issues of marital rape would be abused by women.

This was in response to the Bar's criminal law sub-committee chairperson V Sithambaram statement that the new law was merely "to appease women's rights group".

"This brushes aside the fact that our recommendations are rooted in women's realities and needs," JAG said.

"We call upon the Bar Council to share with us the studies, research or any credible statistics that justifies them saying that with such conviction that women will use the section to 'fix' their ex-boyfriend's breach of promise to marry when a relationship turns sour, that women will shout rape when they are unable to obtain favours by men or when a marriage is breaking down or has broken down."

One of the amendments in question is Section 375(1) of the Penal Code where it is aggravated rape if a women's consent to sex is obtained by using his position of authority over her or because of professional relationship or other relationship of trust to her.

In a statement today, JAG listed a few instances where women can be forced into sex by the use of non-physical elements such as the perpetrator's authority over the woman.

Examples cited include prison wardens, trainers, physicians, bomohs, medium or therapists engaging in sex with their charge or clients. Also, non-violent threats of dismissal by employers, deception by bomoh and inducement but police officers is considered aggravated rape because it is an abuse of trust.

"Rapes in such situations are especially traumatic to the survivors as rather than ensuring their well-being. The perpetrators have abused their positions and violated the women's trust."

Severe penalty

"JAG welcomes the recognition of the need to impose a more severe punishment reflecting the particular heinous nature of the crime as proposed by the Select Committee for their report," the statement said.

Another proposal rejected by the Bar Council was S375A of the Penal Code which provides that a man, 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 imprisoned for up to five years.

Here, Sithambaram said wives must be 'actually physically hurt' into having sexual intercourse with their husbands in order for the husbands to be charged.

JAG said this "confirms the lack of appreciation of the concept of violence against women".

"Violence means more than the physical bruises, cuts and blood that can be seen;" it added.

JAG is largely concerned with the Bar Council's lack of gender awareness as reported in the media recently.

"The Bar Council in making such damaging claims only perpetuates the myth that women would lie when they do not get their way and are therefore not credible," it asserted.