Statutory Rape Law in Malaysia: The Issue of Consent

• Main Authors: Md Ismail, Che Thalbi, A. Rahman, Aspalella
• Format: Article
• Language: English
• Published: Malaysian Current Law Journal Sdn Bhd 2014
• Subjects: K Law (General)
• Online Access: https://repo.uum.edu.my/id/eprint/31155/1/LNS%2001%2060%202014%2001-15.pdf; https://repo.uum.edu.my/id/eprint/31155/; https://www.cljprime.com/legal-network-series?gad_source=1&gclid=CjwKCAjwzIK1BhAuEiwAHQmU3hyf6cFlitbDyD33jzvH3dn7Ppl4901PKtB3lgoSauWtrN60qkPhWhoCbN0QAvD_BwE
• Institution: Universiti Utara Malaysia

Lack of consent is a necessary element in every rape case. However, this qualifier does not mean that a person may make sexual contact with a minor or incapacitated person who actually consented. Lack of consent may result from either forcible compulsion by the perpetrator or an incapacity to consent on the part of the victim. Persons who are physically or mentally helpless or who are under a certain age in relation to the perpetrator are deemed legally incapable of consenting to sex. The law will automatically show that the rapist is guilty of the offence of rape if the victim is underaged even she consented to the act. Hence, this paper will discuss the law relating to rape offences involving underaged and ’helpless’ people under section 375(f) and (g) of the Malaysian Penal Code. A legal analysis will be made to see whether certain circumstances should be considered to release the accused on the basis of genuine consent given by a person. Hence, section 375(f) and (g) will not be misused by certain people