Women welcome proposed amendments to rape laws

PETALING JAYA: Women groups welcome the proposed amendment to the Penal Code which will ensure that every person, acting with the common intention of gang rape, will be charged for the offence.

Women’s Aid Organisation executive director Ivy Josiah said it would be a fair punishment for all those involved.

“Rape is not just about the physical act, but involves enticement or trickery of the intended victim. In the case of gang rape, there is definitely a premeditated motive.

“This proposed law will acknowledge the fact that no one involved in gang rape is an innocent bystander as they have contributed to the actual violation,” she said.

However, Ivy expressed concern over the low conviction rate regarding these cases.

“Not many cases go to court because of lack of evidence or weak prosecution, among other reasons.

“It is good that we may have harsher laws to deal with the crime, but we need to focus on why we are not able to bring more cases to court,” she added.

Under the Penal Code (Amendment) Bill, 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

No one involved in gang rape is an innocent bystander. — IVY JOSIAH

is one of 11 Bills tabled in the Dewan Rakyat three days ago.

In the same Bill, the minimum jail sentence for rape is doubled from five to 10 years.

Association of Women Lawyers president Meera Samanther said it was of concern whether the sentence of 10 to 30 years in prison would be a mandatory one, or whether the judges can apply their discretion.

“The judges should be given the liberty to consider the necessary time to be served, especially for those with repeat offences,” she said.

Meera also said it was most important to note that punishment alone cannot deter the crime, and rehabilitation was necessary.

Meanwhile, The Voice of Women president Chew Hoong Ling was delighted at the proposal to double the punishment for rape.

“However, there is no justification for gang rape if only one is involved unless there is proof that two or more people had actually raped the victim.

“Rather, those who are involved should be punished as abetting and receive a similar jail sentence,” she said.