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INTERNATIONAL JOURNAL OF NOVEL RESEARCH AND DEVELOPMENT International Peer Reviewed & Refereed Journals, Open Access Journal ISSN Approved Journal No: 2456-4184 | Impact factor: 8.76 | ESTD Year: 2016 Scholarly open access journals, Peer-reviewed, and Refereed Journals, Impact factor 8.76 (Calculate by google scholar and Semantic Scholar | AI-Powered Research Tool) , Multidisciplinary, Monthly, Indexing in all major database & Metadata, Citation Generator, Digital Object Identifier(DOI) |
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| Paper Title: | Marriage is No Protection for Crime: Criminalising Marital Rape in Malaysia |
| Authors Name: | Dr Ambikai S T Singam , Dr Jaganraj Ramachandran , Dr Heamalatha Nair |
| Download E-Certificate: | Download |
| Author Reg. ID: |
IJNRD_213925
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| Published Paper Id: | IJNRD2404369 |
| Published In: | Volume 9 Issue 4, April-2024 |
| DOI: | |
| Abstract: | Adam's rib, a stream that joins a river, two flesh made one: these traditional metaphors symbolized both the carnal fusion between spouses and wives’ divinely ordained subordination under their husbands. Before the late twentieth century, there were no laws that protected legally wed wives from their husbands compelling them to have heterosexual intercourse. Though customs and courtesies allowed wives to abstain after childbirth, little could be done to redress their husbands’ breaching such cultural expectations. Wives could not even criminally prosecute their husbands for violently forcing them into sex. The rapid cultural change and social paradigms have taught women to uphold their freedom and rights, even in a domestic household. Rape had been a capital felony for centuries, but medieval law had classified it as an act of trespass against a baron, not the victim herself, which would make marital rape culturally and legally illogical. In this contemporary society marital rape has become a great concern over the last few decades, even with a broader historical transformation in which rape was understood as a breach of the liberty of the woman, hence this study will examine the distinctive reasons for marital rape and the extend of legal protection available for the victims under the Penal Code and the Domestic Violence Act 1994. This focuses on the marital rape within the legal framework in Malaysia, especially in the context of its definition, Section 375 of the Penal Code only provides for offences of rape against a woman and made no mention of a wife. Such absence may not fully safeguard the interests of wives being raped. Hence, it is time for the government to intervene and address these issues arising from the act of marital rape, to protect the interest and safety of any married woman. The findings would give more clarity to the conceptual framework of marital rape in Malaysia thus showing the commitment of the government towards preventing the rampancy of this issue through legal enforcement. Hence, an amendment to the Penal Code is to be proposed. |
| Keywords: | : marital rape, domestic, violence |
| Cite Article: | "Marriage is No Protection for Crime: Criminalising Marital Rape in Malaysia", International Journal of Novel Research and Development (www.ijnrd.org), ISSN:2456-4184, Vol.9, Issue 4, page no.d621-d633, April-2024, Available :http://www.ijnrd.org/papers/IJNRD2404369.pdf |
| Downloads: | 00030 |
| ISSN: |
2456-4184 | IMPACT FACTOR: 8.76 Calculated By Google Scholar| ESTD YEAR: 2016 An International Scholarly Open Access Journal, Peer-Reviewed, Refereed Journal Impact Factor 8.76 Calculate by Google Scholar and Semantic Scholar | AI-Powered Research Tool, Multidisciplinary, Monthly, Multilanguage Journal Indexing in All Major Database & Metadata, Citation Generator |
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Published Paper ID:IJNRD2404369 Registration ID: 213925 Published In: Volume 9 Issue 4, April-2024 DOI (Digital Object Identifier): Page No: d621-d633 Country: SUBANG JAYA, Selangor, Malaysia Research Area: Social Science and Humanities Publisher : IJ Publication Published Paper URL : https://www.ijnrd.org/viewpaperforall?paper=IJNRD2404369 Published Paper PDF: https://www.ijnrd.org/papers/IJNRD2404369 |
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ISSN: 2456-4184
Impact Factor: 8.76 and ISSN APPROVED
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