Transsexuality and the criminal law
By virtue of section 375 of the Malaysian Penal Code (MPC), it is clearly stated that the offence of rape could only be committed by a man (as defined in section 10 MPC) as principal upon a woman (as defined in section 10 MPC) as victim. This provision highlights that in Malaysia, the law of rape is...
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| Format: | Article |
| Language: | English |
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Royal Malaysia Police
2012
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| Online Access: | http://irep.iium.edu.my/50510/ http://irep.iium.edu.my/50510/1/PENGAMAN_BIL_1%3A2012_80%3A84-_Transsexuality.pdf |
| Summary: | By virtue of section 375 of the Malaysian Penal Code (MPC), it is clearly stated that the offence of rape could only be committed by a man (as defined in section 10 MPC) as principal upon a woman (as defined in section 10 MPC) as victim. This provision highlights that in Malaysia, the law of rape is entirely gender delineated. A question might arise, how about if a biological male who underwent the gender reassignment surgery or transsexual operation and consequently become a person with an artificial female genitalia and the issue is whether that person would remain as a male for the purposes of criminal law, and thus could not be the victim of the offence of rape? |
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