Hanipa: Women should lodge marital rape reports

FOLLOWING backlash from women’s groups, Mohamed Hanipa Maidin now says women should lodge police reports on any form of domestic violence, including marital rape.

Hanipa, who is Deputy Minister in the Prime Minister’s Department, said at present, the government has no plan to make marital rape a crime because of difficulties to prove the case in court.

He said such cases, if brought to court, often ended with the accused being discharged, instead of convicted.

“That is why the government, taking into account all factors, feels it is not the time yet to make marital rape a crime.

“However, if there are cases involving domestic violence, Section 375A of the Penal Code is applied to protect the rights of women,” he said in response to Maria Chin Abdullah (PH-Petaling Jaya).

According to Hanipa, there is only one case under Section 375(A) of the Penal Code that does not cover non-violent but non-consensual act in a marriage.

When met later at the Parliament lobby, he said a criminal case involving a husband also sometimes means losing a breadwinner.

He was earlier criticised by many groups after he reportedly said that there are no plans to make marital rape a crime.

The comment drew flak from the Women’s Aid Organisation (WAO).

Meanwhile, Wanita MCA chief Datuk Heng Seai Kie said Deputy Prime Minister Datin Seri Dr Wan Azizah Wan Ismail, who is Minister of Women, Family and Community Development, and her deputy Hannah Yeoh, should state their stand on Hanipa’s statement that the Pakatan Harapan government has no plans to amend laws to criminalise marital rape.

In a statement, Heng said even if investigations and charges lead to the conviction of one spousal rapist, that is still one slow, yet gradual and positive achievement in safeguarding wives against sexual assault.

Heng said lawmakers must work towards rendering marital rape a criminal offence.

Yeoh said women’s groups have given her proposed amendments on the laws which will ensure that marital abuse and rape are considered as criminal acts.