KUALA LUMPUR: A doctor dating his nurse and having sex with her may expose himself to a charge of rape under a proposed amendment to the definition of rape.
And the Malaysian Bar wants the proposal to amend Section 375 (f) to be reviewed, saying it was vague and open to abuse.
"This section should not see daylight, the existing sections are quite sufficient.
"It can be open to abuse," said the Bar’s criminal law sub-committee chairman V. Sithambaram at a Parliamentary roundtable which discussed the proposed amendments to the Penal Code and Criminal Procedure Code yesterday.
It was chaired by MP for Ipoh Barat M. Kulasegaran.
"What this section says is that when you are in a position of power, if a lady agrees to have sex with you, it is still rape even if she consents to it but is under the impression she is doing it because she is your subordinate or assumes she would be penalised if she does not agree to have sex."
He said the repercussions had to be considered as an innocent man might be easily accused of rape.
He said women who found themselves in a situation where their bosses were trying to impose their will on them had a choice.
"There is no immediate threat or danger to them to engage in sexual intercourse.
"They have a choice to refuse and report the offender to the authorities or to their families. This constitutes sexual harassment and an offence at the workplace and this is when labour laws take over," he said.
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