Tuesday, April 14, 2009

Email Question: Sex with a girlfriend-How old is legal?

Question: 'Hi, I am (name deleted). I saw your blog in the internet and found out that you might be suitable in helping me in this problem. I had sex with my girlfriend when she was 16 years and 8 months old. Is it illegal. I was 17 at that time. We are only 4 months apart. This issue has been affecting our relationship a lot. Some websites say it's 18 while some 16 or 17. So, can you please help me? Thank you very much.'

Answer: First of all, I do not condone sex outside wedlock. It is still immoral no matter what our law may allow especially when you and your girlfriend are 'very' young to understand 'post-pleasure-consequences'. However, to answer your question; under Malaysian Penal Code, section 375 'a man is said to commit 'rape' who, except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the following descriptions:-

  1. Against her will
  2. Without her consent
  3. With her consent, when her consent has been obtained by putting her in fear of death or hurt to herself or any other person, or obtained under a misconception of fact and the man knows or has reason to believe that the consent was given in consequence of such misconception


  4. With or without her consent, when she is under sixteen years of age

Punishment of rape: as provided under section 376, punishable with imprisonment for a term of not less than 5 years and not more than twenty years, and shall also be liable to whipping.

So, my friend you not fall under any of the above category if she had consented to the sexual intercourse at that material time as she was 16 years and 8 months old, capable of giving a valid consent.

19 comments:

  1. hi...im more or less in the same prob as above... ive been understanded that according to malaysian rules having sex with under age gurlz who aged above 16 is still legal as long as its on their own will,but there is something wich confusing me,what about the parents who forces their daughters to report to the police that they had sex without their will... can u explain.....thankz

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    1. I sent a massage in your email ;)

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  2. I am a female and I just turned 18 last year. I am curious about sexuality, just like all my friends at my age. I have a boyfriend too. I am just wondering as I am still unaware of the law in Malaysia and parents wouldn't talk about it. They will avoid the question, get mad or just ask us to don't do it then it is fine. However, that doesn't make us understand better. I just want to know what is the legal age for having sex? I have a friend who is 18 and is sexually active, she told me it is legal, as long as both partners are 18 or above 18 and both are willingly to have sexual intercourse. And what if you get caught? I want to be ready and know what I am doing by not breaking the laws. Could you explain better? There is a lot of curious teenagers here, you can help a lot by giving us the right advice, morally and on laws. pretty please? (: thanks!

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  3. hi, im also a law student. currently doing my BLS. i hav a question, what are the consequences of conducting abortion in malaysia. based on my understanding, its illegal in malaysia. but still, what would happen to those involved, how can they seek help. i would really appreciate an answer
    email me at elricdx12@yahoo.com..thanx

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  4. In my knowlegde of life, don't trust anyone with what they say. Google the question and do your studies on it you will find you answers. If you still don't, then seek for advice from professionals. Abortion is illegal in Malaysia. Very few countries in the world legalize it. To the author of this page. When someone asks you for your legal expertise, they did not ask you for you personal opinion.

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  5. HI.. This case is regarding one of my friend.. Both of my friends are underage at the time they have sex. After that, they broke up.. One day, he met his ex girlfriend near his house, and she told him that she was being rape.. My friend is concern about her and told her dad and call for the police.. This girl so angry at him for telling her dad, her dad sue him to court for having sex with her underage daughter.. But at that time, his also underage.. this case has been delayed for three years until now, and his already 20yrs old the case hasn't solve.. And now is the final trial, according to his case, what punishment he will be facing?? Why this case delayed for 3 years and he is being punish for the adult sentence????

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  6. I'm a male and I am wondering that, is it legal for a non-Muslim guy above the age of 18 to have a non-Muslim girl which is also above 18 as a roommate? She's my girlfriend, and we just want to live an independent life. There aren't any other people renting with us, just us alone. And we don't plan to have any sexual relationships before we get married. So its just the matter of the legality of living with the opposite sex in this country. Thanks.

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  7. Hi dear Kamarul
    I'm an Iranian, student in Malaysia. I want to ask if I'm not muslim, can I Live with my girlfriend together in one house? What's the rule about this in Malaysia? Because I'm not muslim but my name is Iranian name and some people think I'm muslim. I just want to know is it legal in Malaysia or not, because I never break the rule before and now also I dont like to break any rule. Please help me, thank you.
    Regards

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  8. dear anonymous
    even parents forced their 16 above daughter to make a police report, the case will be investigated by the police. but the element of consent which comes in form of evidence will deny the charge for rape if the case go to court. thousand apology for the late reply.

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  9. hi anonymous,
    for Non-Muslim there is no consequences for having sex when you already above 16 unless no consent was given.

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  10. dear anonymous, what the freedom fighter said was right. it is illegal and our country prohibit this. very few country in the world allowed this practice.

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  11. hi anonymous, we not sure about the action taken against your friend by his girlfriend's father. we pretty sure that he already engaged a lawyer to represent him and seeking advice from us is unethical to do. for the delay, your friend should ask the court why the case delayed..

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  12. dear anonymous, no law in Malysia preventing Non-Muslim living together if still unmarried.

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  13. Dear Kamarul,
    first of all, wish you a happy new year
    and here's my question,
    Is it illegal for a muslim foreigner (non-Malaysian) to have a Chinese (not Muslim) girlfrind? and what does the Malaysia law indicates for sexual intercourse between the two mentioned above?
    Thanks in advance

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  14. dear anonymous, syariah law in Malaysia applicable to persons professing the religion of Islam.

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  15. Thanks,
    what if the branch of Islam one belongs to differs from the Islam practiced n Malaysia?
    Do they recognize that?

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  16. dear anonymous, when you in Malaysia, then you are bound to follow laws in Malaysia. it is still the same wherever you go in the whole world because each nation have it's own law that must be respected and followed.

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  17. Yes, I know and exactly this is the reason I am asking the question to prevent any misconduct in the future. maybe I didn't explain my point. what I am saying is that there are different braches of Islam in different countries. If someone practices a branch that differs from the one practiced in Malaysia as the main religion, is he still considered Muslim in Malaysia ?

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  18. hi anonymous, Muslim is a Muslim disregard what branches of Islam or school of thought they practice.

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