Marital rape and gender violence
Published on: Sunday, March 03, 2024
By:
Haziqah Packirgani, Low Xin Ni, Vivianne Kong
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In 2021, domestic violence cases surged by 42pc (Supramani, 2023). Though these crimes can affect people of all genders, females are the common victims.
In 2021, domestic violence cases surged by 42pc (Supramani, 2023). Though these crimes can affect people of all genders, females are the common victims.
From a mental health perspective, survivors often suffer from detrimental psychological effects of post-traumatic stress disorder (PTSD), depression, and anxiety as well as increased shame, guilt, and self-blame (Naismith et al., 2021).
However, from a social perspective, our cultural beliefs may influence one to view trauma symptoms as demonic possessions (Pain et al., 2020). Some may even use their cultural and religious beliefs to justify abusive behaviour.
As patriarchal values are still deeply rooted in our culture, male counterparts exercise their authority in their homes. However, since social stigma entails a collapsing marriage, victims are deterred from seeking help.
Existing Local Policies and Human Rights Concerns
Domestic Violence (Amendment) Act 2017 protects domestic violence victims from various harm (MyGOV, 2021). Victims and third parties can report instances of domestic violence to the police. The victim can apply for an emergency protection order that will be processed within two hours and provide protection for seven days (Denise, 2017).
The Penal Code Section 375 states that rape is committed when a man forces a woman to have sexual intercourse against her will (i.e., without her consent or with forced consent; Women’s Centre for Change, 2020).
However, married couples have an exception. In section 375A, an offence is established only when a husband inflicts physical harm or threatens to take another person’s life in order to coerce sexual intercourse, carrying a maximum sentence of up to five years (Women’s Aid Organisation [WAO], 2018).
Suggestions for Policy Change and Revisions
Malaysia lacks marital rape laws, allowing non-consensual sexual acts within marriage based on the assumption of inherent consent by the wife (Morsalin, 2021).
Unlike section 375, section 375A omits any reference to consent, failing to label it as marital rape, even when the wife declines sexual intercourse without physical harm or death threats. Morsalin (2021) emphasised the importance of consent being included in section 375A.
It is also crucial to recognise that rape can occur without physical injury or the fear of harm (e.g., through intoxication or intimidation; WAO, 2018).
There is a need to amend section 375A to criminalise marital rape, especially in cases without physical injury or fear of harm. Section 375A’s maximum five-year sentence should be regarded with equal seriousness in comparison to the general rape law’s 20-year sentence (WAO, 2018). The Women’s Aid Organisation (2018) proposed eliminating the husbands’ defence for rape and removing the exception to section 375.
Multicultural Integrations in Therapy
Since Malaysia is culturally and religiously diverse, multicultural counselling should be emphasised so that mental health professionals are more equipped to understand the nuances of local beliefs and produce better treatment outcomes.
This was evident when good results were found upon integrating Islamic perspectives into treatment for religious Muslim clients (Ayob et al., 2021). Similarly, other mental health professionals could integrate Chinese and Indian philosophies (e.g., ch’i and karma) to accommodate the other major racial groups in Malaysia. This way, society might accept the psychological and cultural understandings of posttraumatic conditions.
Creating a Safety Plan and Providing Useful Information and Resources
A mental health professional’s role in addressing gender-based domestic violence also involves determining the levels of danger while helping clients create a safety plan (Kontoangelos et al., 2020). It is essential to have a personalised safety plan so clients can take extra safety measures to protect themselves when violence escalates. Additionally, it is crucial for a mental health professional to assess the levels of imminent danger.
This includes homicidal or suicidal threats from the partner, any possession of weapons at home or substance/alcohol abuse (Zink & Kiomento, 2003).
In the case where the danger is imminent, the mental health professionals should have the client call a shelter or social services while they are still in the clinic.
Additionally, it is important for mental health professionals to deliver information about local community resources such as domestic violence prevention programs, emergency hotlines, and women’s shelters.
Roles of Medical Professionals
Survivors of domestic violence or marital rape suffer both short- and long-term physical health consequences such as digestive problems, chronic pain, vaginal infections, and even increases woman’s chance of getting cervical cancer (Alejo, 2014; Victorio, 2023).
Victims who are facing domestic violence can reach out to the One Stop Crisis Centre (OSCC) at Malaysia’s government hospitals which are located in the emergency rooms. At the OSCC, doctors provide medical treatment for any injury and also collect medical evidence, which can be used in court. Hence, doctors play a vital role in the treatment and management of physical health symptoms to improve victims’ quality of life.
Barriers to Disclosure
Sometimes, victims of domestic violence or marital rape tend to claim that everything is fine. Unfortunately, victims are ashamed to seek help because they were violated by someone they care about (Victorio, 2023). The most common barrier to disclosure is the fear of consequences, such as increased violence and loss of financial dependency on the abuser (Silva et al., 2022).
In the meantime, there are available services like the Women’s Aid Organisation, which can provide advice, explore options, or schedule face-to-face consultations. If danger is imminent, victims can also access their services such as shelter and crisis support. The Women’s Aid Organisation can be contacted at +603 3000 8858 (9 am – 5 pm) or their SMS helpline, TINA at +6018 988 8058 (24 hours).
To sum up, it is important for anyone who experiences domestic violence and/or marital rape to seek early support as timely intervention is crucial for victims to break free from their abusive environment and rebuild their lives.
Resources for Victims of Domestic Violence in Malaysia
Available options and resources for domestic violence in Malaysia (Women’s Aid Organisation, 2022): Contact WAO: They can provide advice, explore options, and/or schedule a face-to-face consultation. One can also access WAO services such as shelter and crisis support, by contacting the WAO Hotline at +603 3000 8858 (9 am – 5 pm) or TINA at +6018 988 8058 (24 hours).
Go to the “One Stop Crisis Centre (OSCC)” at Government Hospitals. OSCC are located in the emergency rooms of government hospitals. At the OSCC, doctors provide medical treatment for any injury and also collect medical evidence, which can be used in court; Obtain an emergency protection order (EPO) from the Social Welfare Department (JKM); and Make a police report and apply for an interim protection order (IPO) at the police station.
- The views expressed here are the views of the writer and do not necessarily reflect those of the Daily Express.
- If you have something to share, write to us at: [email protected]
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