Physical Elements of Rape under the Core Criminal Laws of Malaysia, Singapore, Pakistan and Australia: A Comparative Review

Abstract

Rape is a crime that invades the human body, degrades victims, offends the conscience of humankind, and causes physical, mental and reputational damage─ sometimes leading to tragic deaths of many innocent lives resulting from forceful transgression by perpetrators or deliberate cruelty inflicted by their own family members in the name of “honor killing”. Rape is a global problem, and one that is increasingly rising in Pakistan and Malaysia. Viewing one’s law through the lenses of others, this article critically examines the rape laws of Pakistan, Malaysia, Singapore and Australia (NSW), all of which inherited their laws from the common colonial rule of the British Empire. It finds that Pakistan and Malaysia are still largely reliant upon their archaic penal codes, whilst Singapore and Australia have brought about fundamental new changes in their laws. Although the laws of no country could be claimed to be flawless, it is clear that the reforms adopted by Singapore and Australia have transformed their laws into a more practical and comprehensive formulation compared to those of the other two. This article identifies the loopholes in the physical elements of the offense existing in the laws of the selected four jurisdictions to varying extents, and it submits specific suggestions for legal reform in order to protect their respective societies from the perils of a heinous crime. Against the backdrop of the passivity of the governments of Pakistan and Malaysia in reforming their rape laws with respect to physical elements and recent increase in the incidents of this offense, this article attempts to address the deficiency and impotence of their present laws in light of their equivalents with the latest amendments in Singapore and Australia. Such a comparative and comprehensive analysis does not exist in the current literature, this is where the significance of this research lies. Although the recommendations are tailored to assist in overhauling primarily the laws of the chosen jurisdictions, these can also be utilized by other nations where laws on rape are deficient and ineffective in preventing and punishing the crime. Keywords: Rape, Actus Reus, Pakistan, Malaysia, Singapore, Australia DOI: 10.7176/JLPG/132-01 Publication date: May 31 st 2023