"The definition of rape will lead to innocent men being easily accused of rape," said the Bar's criminal law sub-committee chairman V.Sithambaram.
In a parliamentary roundtable on the Criminal Procedure Code (CPC) and PC organised by the DAP today, Sithambaram said the proposed amendment was obviously designed to appease women rights groups demanding such an amendment.
The Bar's main arguments of the objection are:
> The existing laws are sufficient;
> Consent obtained by virtue of professional relationship or relationship of trust is vague and can be easily abused when a genuine relationship turns sour;
> The women in the categories have a choice, since there is no immediate threat or danger posed to them to engage in sexual intercourse;
> Superiors in any organisation, without using their authority and with the consent of the women, can be accused of rape later when the relationship fails;
> Cases when women offer themselves to men to obtain favours but unsuccessful can shout rape;
> Women can use this section to 'fix' their former boyfriends who refused to marry them or even blackmail them; and
> This is legislating morality, for no woman should accept any promises made by the man for sex unless she is agreeable to the same.
Lawyer Edmund Bon, representing human rights organisation Suaram, however, disagreed with the Bar's stand.
"This is to oversimplify matters and does not reflect the realities of everyday life including the great deal of torment women go through when their livelihood hangs in the balance owing to matters of sexual pressure,"he said.
He said many women under such pressure do not in reality have the choice to say no.
Meanwhile, the proposed insertion that a husband causing hurt in order to have sexual intercourse shall be punished, Sithambaram said although the Bar did not object to the amendment, it must be noted that it "can be easily abused when a marriage is breaking down and leading to divorce".
"It is easy for a woman to accuse her husband of putting her in fear of death or hurt and very difficult for the man to rebut as no physical evidence is needed," he added.
He also raised concern with the insertion of "sexual connection by object shall be punished with imprisonment" did not extend to where the introduction of any object into vagina or anus or any person conducting insertions for medical purposes or by medical officer for law enforcement purposes.
The meeting was chaired by Ipoh Barat MP M.K.Kulasegaran. Also present were Opposition leader Lim Kit Siang and Seputeh MP Teresa Kok.
The proposed amendments had been tabled for the first reading and is slated for second reading when the Parliament reconvenes on Monday (June 26, 2006).
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