DATUK SERI ROHANI
ABDUL KARIM
KUCHING: The definition of ‘rape’ in the Child Act (Amendment) 2016 has been broadened to ensure justice for the young victims.
Women, Family and Community Development Minister Datuk Seri Rohani Abdul Karim said the improved Act has already been submitted to the Senate (Dewan Rakyat) for approval.
She said once approved by the Senate and gazetted by the Yang di-Pertuan Agong, anything inserted into the private part of a victim is counted as rape.
“We have broadened the definition of rape to include inserting any kind of object into the child’s private part as rape.
“With the implementation of this Act, there will be no escape. Rape is rape, even if you just insert a finger or any object into a victim’s private part,” she told reporters during her visit to ‘Anjung Singgah’ here yesterday.
The definition of rape was broadened following calls by many groups and individuals including Women, Welfare and Community Well-being Minister Fatimah Abdullah.
Fatimah, commenting on the Child Act (Amended) 2016 last year, urged the Malaysian government to include a broader definition of rape in the amendments to ensure rapists receive the rightful punishment, and not simply get acquitted because of the one definition for rape.
Fatimah cited the case following the Court of Appeal’s acquittal of a 60-year-old man in the ‘finger rape’ case in Sibu in 2015.
One of the grounds for his acquittal was the definition of rape which specifically states it had to be ‘penile penetration’.
In his defence, the accused claimed he had impregnated the victim by inserting his semen-smeared finger (and not his penis) hence defying the definition of rape.
The victim who was a minor then gave birth the following year when the accused was proven to be the father of the baby through a DNA test.