Penal Code

Under Section 375 and 376 of the Penal Code, a man who is said to commit rape shall be punished for a term which may extend to 20 years, and shall also be liable to whipping, if he has sexual intercourse with a woman under any of the following circumstances:

a) against her will;
b) without her consent;
c) with her consent when that consent has been obtained by putting her in fear of death or hurt to herself or any other person, or obtained under a misconception of fact and the man knows or has reason to believe that the consent was given in consequence of such misconception;
d) with her consent, when the man knows that he is not her husband, and her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married or to whom she would give consent;
e) with her consent, when at the time of giving such consent, she is unable to understand the nature and consequences of that to which she gives consent;
f) with her consent, when that consent is obtained by using his position of authority over her or because of a professional relationship or other relationship of trust in relation to her;
g) with or without her consent, when she is under 16 years of age.

Explanation: Penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape.

Exception: Sexual intercourse by a man with his own wife in a marriage which is valid is not considered rape.

Section 376 of the Penal Code provides that certain situations of rape are punishable by imprisonment for a term of not less than 10 years and not more than 30 years, and the perpetrator is also liable to whipping if he commits rape on a woman under any of the following circumstances:

a) at the time of, or immediately before or after he commits rape, causes hurt to her or to any other person;
b) at the time of, or immediately before or after he commits rape, puts her in fear of death or hurt to herself or any other person;
c) he commits rape in the company of, or in the presence of, any other person;
d) without her consent, when she is under 16 years of age;
e) with or without her consent, when she is under 12 years of age;
f) with her consent, when that consent is obtained by using his position of authority over her or because of a professional relationship or other relationship of trust in relation to her;
g) at the time of the offence the woman was pregnant;
h) when by reason or on occasion of the rape, the woman becomes insane;
i) when he knows that he is afflicted with the Human Immuno-Deficiency Virus (HIV)/Acquired Immune Deficiency Syndrome (AIDS) or any other sexually transmissible disease and the virus or disease is or may be transmitted to the woman;
j) when by reason or on occasion of the rape, the woman commits suicide; or
k) when he knew of the mental disability, emotional disorder or physical handicap of the woman at the time of the commission of the crime.

The same section provides that causing death whilst committing or attempting to commit rape shall be punished with death or imprisonment for a term of not less than 15 years and not more than 30 years, and shall also be punished with whipping of not less than 10 strokes.

Section 375A of the Penal Code provides that any husband, who during the subsistence of a valid marriage, causes hurt or fear of death or hurt to his wife or any other person in order to have sexual intercourse with his wife shall be punished with imprisonment for a term which may extend to 5 years.

Section 376A and 376B of the Penal Code provides that a situation of incest shall be punished with imprisonment for a term of not less than 10 years and not more than 30 years, and shall also be punished with whipping. This is a situation where sexual intercourse is committed with someone whom that person is not allowed to marry, whether under the law, religion, custom or usage.

Section 377CA of the Penal Code provides that any person who has sexual connection with another person by the introduction of any object or any part of the body, except the penis, into the vagina or anus of the other person without the other person’s consent shall be punished with imprisonment for a term of not less than 5 years and not more than 30 years and shall also be liable to whipping. Exception: This does not apply where the introduction of any object into the vagina or anus of any person is carried out for medical or law enforcement purposes.

Laws related to sexual assault in Malaysia:

Sexual Offences Against Children Act 2017 (SOAC)

For laws related to child sexual abuse, please click here to read more.

Check out books, posters & pamphlets and videos on Rape.

Back to Rape page.