The Dilemma of Rape Victims in Malaysia: Could Compensation Award Be a Solution?

Abstract

The crime of rape is very much rampant in the society. It is a cruel form of sexual offence which leads to injuries to the party against whom it was committed coercively. The legal provisions to punish rape offenders are undoubtedly in existence under the Malaysian criminal law. However, these legal provisions are deemed inadequate in protecting the rights of the rape victims who suffered injuries as a result of such horrendous ordeal. This includes the absence of adequate provision which provides monetary compensation for rape victims. This paper aims at analyzing existing legal provisions under the Malaysian criminal law. It then identifies the actual legal problem in the form of inadequate legal protection towards injurious rape victims. The paper simultaneously analyzes syariah criminal principles on rape and diyyah. It consequently recommends solutions on how the Malaysian criminal law is to be amended in implementing diyyah as monetary compensation for future rape victims. The paper adopts a doctrinal approach in its legal analysis. All data collected from library research as well as semi-structured interview are analyzed qualitatively and critically. The paper additionally adopts referential method in comparing between the existing Malaysian criminal law and the syariah criminal principles on rape and diyyah. It also uses referential method in suggesting solutions in the form of legal amendments. The paper ultimately proposes for the amendment of the relevant provision under the present Malaysian criminal law, paving the way for the implementation of diyyah or monetary compensation in compensating future rape victims.