Harsher punishment proposed for sexual crimes
A PROPOSED amendment to the Penal Code metes out harsher punishment for sexual crimes while giving a detailed definition of gang rape.
Under the Penal Code (Amendment) Bill, the minimum jail sentence for rape is doubled from five to 10 years.
Gang rape is defined as rape by one or more in a group acting with a common intention.
Each person in the group will be deemed to have committed gang rape and can be jailed from 10 to 30 years under the proposed law which is one of 11 Bills tabled in the Dewan Rakyat yesterday.
The Bill, which was tabled for first reading by Minister in the Prime Minister’s Department Nancy Shukri, increases the jail term for incest from between six and 20 years to between 10 and 30 years.
It also extends the prison term for anyone who incites a child to an act of gross indecency from the current maximum five years to between three and 15 years.
People who cause hurt to their spouses will be subject to a jail term twice as long as the maximum term for which they would have been liable under sections 323, 324, 325, 326, 334 and 335 of the Code.
The Bill criminalises destroying, mutilating, burning, trampling on, insulting or questioning with the intention of dishonouring any national emblem or flag of a foreign nation.
Offenders may be jailed between five and 15 years and fined.
The use and promotion of any flag to represent Malaysia other than the lawful Malaysian flag shall be punished with imprisonment of between five and 15 years and a fine.
Under the Bill, a person can be sentenced to death if he accepts gratification to facilitate terrorist acts that result in death.
If the acts do not result in death, the person can be sentenced to jail of between seven and 30 years and be fined.
The Bill includes vandalism as an offence which carries a penalty of up to three years’ jail.
Vandalism refers to writing, drawing, spraying, inscribing and other such acts on public or private property without written consent.
It also covers hoisting or displaying flags, bunting and advertisements on any private or public property without written permission.
The Bill criminalises harbouring, consorting, recruiting or participating in organised criminal groups as well as accepting gratification to facilitate their activities.
Another Bill, an amendment to the Emblems and Names (Prevention of Improper Use) Act, prohibits receipt of unrecognised titles.
Under the Bill, those who knowingly receive honours, including Datukships, from any self-proclaimed Head of State not recognised by the Government may be jailed for at least five years.