What is the definition of rape?


According to Malaysian Penal Code Section 375, a man is said to have committed rape if he has sexual intercourse with a woman under circumstances falling under any of the following conditions :

  • Against her will
  • Without her consent
  • With her consent when consent has been obtained by putting her in fear of death or hurt to herself or any other person , or obtained under misconceptions of the fact, and the man knows or has the reason to believe that the consequence of such misconception.
  • With her consent through deception
  • With her consent, when, at time of giving such consent, she is unable to understand the nature and consequences of that to which she consents. E.g. : Intoxication, mentally retarded.
  • With or without consent when she is below 16 years old.

What is the extent of the problem in Malaysia?

Most cases are not reported. Most rape victims choose not to report due to many reasons such as :

  • Too upset to consider it
  • Too embarrassed to tell
  • Threatened not to report
  • Poor understanding of the matter

What are the effects of rape to survivors?

Immediate impact :

  • Emotional reactions (anger, fear, anxiety, humiliation, guilt, shame, self-blame, helplessness).

Long-term impact :

  • Unwanted pregnancy, Sexual transmitted disease, sleep disturbances, depression, flashbacks, multiple fears and phobia, failure to develop relationship. Those with severe psychological trauma may exhibit suicidal behaviour and may need psychiatric help.

What should you do if you are a victim of rape?

You can’t deal with the trauma alone. Let us help you in overcoming the trauma. Come to the nearest OSCC. If you have just been raped, don’t wash before coming to OSCC. There may be seminal or body fluid, dust, hair or any other things on your body that can be used as evidence against the rapist later on.

What is the punishment for rapist?

According to Malaysian Law, if convicted, a rapist is subjected to a mandatory minimum jail sentence of five years and not more than 20 years imprisonment including whipping.

Last Reviewed : 26 April 2012
Writer : Dr. Rosnah Ramly
Reviewer : Dr. Haris Njoo Suharjono