What is RAPE?
- Rape is a crime under Malaysian law governed under the Penal Code. It refers to sexual intercourse between a man and a woman, without the woman’s consent or against the woman’s will. To constitute an offence of rape, there must be penetration of the penis into vagina, which is done without consent [See section 375 of the Penal Code]. The punishment for rape is provided under section 376 of the same Act which is the imprisonment for a term of not less than five years and not more than twenty years, and whipping.
What Should I Do If I Was Raped?
- Do not wash away the evidence. While you may feel the urge to clean yourself, you may end up removing evidence in the process. If you wish to change your clothes, put the clothes you were wearing during the assault (including underwear) in a bag. This will be helpful for medical examination and evidence gathering later.
- Go to the emergency and trauma department of any of public hospital. You can request for a female doctor if you are uncomfortable with a male doctor. They will conduct a medical examination, the results of which may be used for police investigation later. The hospital is also responsible for notifying the police to attend to you as part of the One Stop Crisis Centre (OSCC) procedure.
- In some cases, a victim-survivor may lodge a police report before heading to the hospital That is fine. You may request for a female police officer to attend to you during the investigation, including taking you to a medical personnel for medical examination.
- A rape victim-survivor may also contact any women’s NGO and for counselling or support.
I didn’t fight back. I don’t know if what happened to me is legally considered rape.
- Yes, it is rape even if you didn’t fight back. This is provided under section 375(c) of the Malaysian Penal Code.
Is it true that some people are “asking for it” by their behavior, way they dress, etc.?
- No one asks to be violated and harmed. You have every right to dislike the way a person behaves or dresses, but this does not translate to the right to sexually assault that person. There is NEVER an excuse to rape.
If my friend tells me she/he was raped, what should I do?
- Be supportive. Persuade your friend to get medical attention and care. If possible, persuade her or him to lodge a police report. You may also wish to bring her or him to AWAM for additional support and information. AWAM provides free counselling and legal information and can be reached on our telenita line from Monday – Friday (10am – 4pm) 03 – 7877 0224.
Rogol adalah rogol. Tiada Alasan.
Check out the digital campaign – No Excuse to Rape Campaign, “Rogol adalah rogol. Tiada Alasan” launched by Damansara Utama State Assemblywoman Yeo Bee Yin together with AWAM that aims to break the gender victim blaming culture in the country and raise awareness about statutory rape, substance-related rape and marital rape.