Redefining rape: a proposal for rape law reform

In the case of Bunya Jalong2 , a 60-year-old's conviction was overturned by the Court of Appeal because the accused said that he used his finger tainted with his semen to penetrate the victim, instead of using his penis.3 Thus, his conduct does not fall within the legal definition of rape which...

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Main Author: Mohamad Yunus, Mohamad Ismail
Format: Article
Language:English
English
Published: LexisNexis 2015
Subjects:
Online Access:http://irep.iium.edu.my/45109/
http://irep.iium.edu.my/45109/
http://irep.iium.edu.my/45109/1/45109.pdf
http://irep.iium.edu.my/45109/4/45109_Redefining_Rape.pdf
id iium-45109
recordtype eprints
spelling iium-451092016-05-09T01:19:12Z http://irep.iium.edu.my/45109/ Redefining rape: a proposal for rape law reform Mohamad Yunus, Mohamad Ismail KBP Islamic Law KPG Malaysia In the case of Bunya Jalong2 , a 60-year-old's conviction was overturned by the Court of Appeal because the accused said that he used his finger tainted with his semen to penetrate the victim, instead of using his penis.3 Thus, his conduct does not fall within the legal definition of rape which defines rape as penetration by the accused's penis into the victim's vagina under certain non-consensual circumstances.4 The main issue of this proposal is to study whether the meaning of 'sexual intercourse' under s 375 of the Penal Code should be amended and expanded so that the scope of sexual intercourse is only confined or limited to penile penetration. The objective of this proposal is to review and reform the definition of sexual intercourse with special focus on the law of rape in Malaysia with reference to the current development and application of the legal position from various common law jurisdictions. LexisNexis 2015-09-15 Article PeerReviewed application/pdf en http://irep.iium.edu.my/45109/1/45109.pdf application/pdf en http://irep.iium.edu.my/45109/4/45109_Redefining_Rape.pdf Mohamad Yunus, Mohamad Ismail (2015) Redefining rape: a proposal for rape law reform. Malayan Law Journal, 4. pp. 89-100. ISSN 0025-1283 http://www.lexisnexis.com.my/en-my/products/malayan-law-journal.page
repository_type Digital Repository
institution_category Local University
institution International Islamic University Malaysia
building IIUM Repository
collection Online Access
language English
English
topic KBP Islamic Law
KPG Malaysia
spellingShingle KBP Islamic Law
KPG Malaysia
Mohamad Yunus, Mohamad Ismail
Redefining rape: a proposal for rape law reform
description In the case of Bunya Jalong2 , a 60-year-old's conviction was overturned by the Court of Appeal because the accused said that he used his finger tainted with his semen to penetrate the victim, instead of using his penis.3 Thus, his conduct does not fall within the legal definition of rape which defines rape as penetration by the accused's penis into the victim's vagina under certain non-consensual circumstances.4 The main issue of this proposal is to study whether the meaning of 'sexual intercourse' under s 375 of the Penal Code should be amended and expanded so that the scope of sexual intercourse is only confined or limited to penile penetration. The objective of this proposal is to review and reform the definition of sexual intercourse with special focus on the law of rape in Malaysia with reference to the current development and application of the legal position from various common law jurisdictions.
format Article
author Mohamad Yunus, Mohamad Ismail
author_facet Mohamad Yunus, Mohamad Ismail
author_sort Mohamad Yunus, Mohamad Ismail
title Redefining rape: a proposal for rape law reform
title_short Redefining rape: a proposal for rape law reform
title_full Redefining rape: a proposal for rape law reform
title_fullStr Redefining rape: a proposal for rape law reform
title_full_unstemmed Redefining rape: a proposal for rape law reform
title_sort redefining rape: a proposal for rape law reform
publisher LexisNexis
publishDate 2015
url http://irep.iium.edu.my/45109/
http://irep.iium.edu.my/45109/
http://irep.iium.edu.my/45109/1/45109.pdf
http://irep.iium.edu.my/45109/4/45109_Redefining_Rape.pdf
first_indexed 2023-09-18T21:04:11Z
last_indexed 2023-09-18T21:04:11Z
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