Element of Consent in Statutory Rape Law: An Analysis Under the Malaysian Penal Code

• Main Authors: Md Ismail, Che Thalbi, A. Rahman, Aspalella
• Format: Article
• Language: English
• Published: Serials Publications 2017
• Subjects: K Law (General)
• Online Access: https://repo.uum.edu.my/id/eprint/31150/1/MI%2097%2024%202017%20351-358.pdf; https://repo.uum.edu.my/id/eprint/31150/
• Institution: Universiti Utara Malaysia

Lack of consent is a necessary element in every rape case. However, making sexual contact with a minor or incapacitated person who actually consented does not mean that it is not a rape. This is because, the consent here may result from either forcible compulsion by the perpetrator or an incapacity...