PETALING JAYA: The Malaysian Bar Council which came under fire for objecting to some of the proposed amendments to the Penal Code, has denied allegations that it is not gender sensitive.
"I don't think so (that we are not gender sensitive). We are only saying that we've got to look at it from both sides," said its president Yeo Yang Poh. (Members may also join the online forum discussion on this issue by clicking here.)
At a roundtable discussion last Wednesday, V. Sithambaram, chairman of the Bar Council's criminal law sub-committee, said the proposed revisions to the Penal Code were not clear in defining the circumstances of rape, such as the proposed amendment which said a man in a position of authority can be charged with rape even if he had obtained the victim's consent for sex.
It could lead to innocent men being accused of rape, especially when a relationship turned sour, he said.
The Parliamentary Select Committee on the Penal Code and the Criminal Procedure Code has proposed a new sub-section 375(f) of the Penal Code, which states that a man commits "aggravated rape" if he has sex with a woman "with her consent, when the consent is obtained by using his position of authority over her or because of professional relationship or other relationship of trust in relation to her."
The Joint Action Group for Gender Equality (JAG) - a coalition of six women's groups - described the Bar Council's response as a "lack of gender awareness".
"Such claims, especially when made by an august body like the Bar Council, are very damaging because they perpetuate the myth that women tend to lie when they do not get their way, and are therefore not credible," Honey Tan, executive director of the All Women's Action Society, said on behalf of JAG.
Gender Sensitivity written by Wong Fook Meng,
Monday, June 26 2006 07:56 pm
I do not think that the Bar Council's position perpetuates the myth that women tend to lie when they do not get their way. It is not a general attack on women but a caution that there are some who may take advantage of the proposed provisions. I believe V. Sithambaram was merely highligting the fact that the proposed amendments has certain weaknesses which may lead to the possibility of innocent men being accused of rape in instances where there was an initial consensual relationship. Highligting a potential abuse of the proposed provision is reasonable as we are all aware of that there are some people (men and women included) who have the propensity to manipulate legal provisions to suit their own favour. AWAM's response on this issue should have centered on safeguards which will prevent an abuse of the proposed provisions. Merely alleging that the Bar Council is perpetuating the myth that women tend to lie is not helpful at all. It is sidestepping the issue all together.
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PETALING JAYA: The Malaysian Bar Council which came under fire for objecting to some of the proposed amendments to the Penal Code, has denied allegations that it is not gender sensitive.
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I do not think that the Bar Council's position perpetuates the myth that women tend to lie when they do not get their way. It is not a general attack on women but a caution that there are some who may take advantage of the proposed provisions. I believe V. Sithambaram was merely highligting the fact that the proposed amendments has certain weaknesses which may lead to the possibility of innocent men being accused of rape in instances where there was an initial consensual relationship. Highligting a potential abuse of the proposed provision is reasonable as we are all aware of that there are some people (men and women included) who have the propensity to manipulate legal provisions to suit their own favour. AWAM's response on this issue should have centered on safeguards which will prevent an abuse of the proposed provisions. Merely alleging that the Bar Council is perpetuating the myth that women tend to lie is not helpful at all. It is sidestepping the issue all together.