Rape Case: Consent of ‘Mental Disable’ Person
Salam, I received an email asking regarding one rape case, where the 'victim' is at the age of 21 years old but 'not so smart person' (or as what has been described to me) however not to the extent of mental disorder or retarded. A police report has been lodged and found out of from the investigation that the 'victim' actually gave consent to sexual intercourse. The police did not take any action against the 'accused' person but rather merely suggesting that the 'victim' to be taken to some kind of rehabilitation house. The email sender does not satisfy. Before I proceed further, I wish to bring the readers' attention to the relevant section under Malaysian Penal Code relating rape offences, which reads as follows; PENAL CODE (Revised 1997) ACT 574 CHAPTER XVI OF OFFENCES AFFECTING THE HUMAN BODY Of Rape 375. Rape. A man is said to commit "rape" who, except in the case hereinafter excepted, has sexual intercourse with a woman unde...