Wordings in the proposed inclusion of sub-section 375(f) of the Penal Code pertaining to the offence of rape is "unsatisfactory" and should be re-worded, said the Bar Council today.

Its chairperson Yeo Yang Poh picked out the words "abuse", "using" and "because of professional relationship" to show the unintentional effect of "catching situations in which consent should not be treated as vitiated".

Amendments to the Penal Code and the Criminal Procedure Code proposed by the Parliamentary Select Committee are currently being deliberated upon in Parliament.

The Bar Council has expressed reservation and urged caution in addressing custodial rape, offences by spiritual healers and those in authority or holding superior positions.

"(The) present wording of the proposed provision, in the Council's view, is unsatisfactory," said Yeo.

In proposing the re-wording of sub-section 375(f), he said an act is considered rape if a man has sexual intercourse with a woman "with her consent, when consent was obtained by duress, coercion, threat, inducement or promise made..."

Proposed re-wording

The following are his proffered phrases for an accused:

(i) who was a public servant having authority or control over her, or who was responsible for her protection, safety, welfare or well-being; or

(ii) who was a public servant, officer, agent, employee, or person who works at any place of detention, custody or training, or who was responsible for her protection, safety, welfare or well-being at such place; or

(iii) on whom she relied for religious or spiritual guidance, teaching or practice; or for cure or treatment of herself or any member of her family; or

(iv) who was in a position of power, authority or trust in relation to her, and who abused his position to obtain such consent; provided that if such consent was obtained by threat, inducement or promise, it shall be a defence if the circumstances were such that there was reasonable opportunity for her to have refused consent.

When contacted, he said this would cover scenarios such as National Service training, incarceration/custody, bomohs and an office environment.

"Similar amendments are applicable to sub-section 376(2)(f)," he added.

To illustrate the Council's concern, Yeo cited an example where consent given "because of a professional relationship" will have "such a wide ambit", and the "use (instead of abuse) of position", an element of crime of rape.

"It is laudable and important to enact progressive laws to deal with social ills.

"At the same time, it is equally important not to cast the net so wide or sweepingly such that persons who should not be assigned the same type or degree of culpability might be 'caught' by such laws.

"This is particularly so, where it is a matter of amending the wording so that unintended effects will not result," he said

Insensitive MPs

Meanwhile, Amnesty International (AI) issued a statement today expressing deep concern over the direction parliamentary debates on the proposed amendments to the Penal Code had taken yesterday.

Singling out Kota Melaka MP Wong Nai Chee, AI executive director Josef Roy ( photo ) said there was "a glaring disregard of gender sensitivity on the issue". He found parliamentarians' statements "very offensive".

"Rape, which is a form of gender-based violence, is a violation of a woman's bodily and mental integrity. Rape has also been acknowledged as a form of torture owing to the severe mental and physical pain and suffering that are inflicted on a victim."

In most cases, he said, the mental pain and trauma faced by a victim was "long-standing and continuous".

Roy urged parliamentarians to be more serious when addressing issues of gender-based violence.