IDEAS home Printed from https://ideas.repec.org/a/bcp/journl/v10y2026i1p3232-3244.html

Reforming Gendered Rape Definitions: A Comparative Doctrinal Analysis of Malaysia’s Penal Code and Canada’s Sexual Assault Framework

Author

Listed:
  • Wan Hamzi Helmi Wan Helmi

    (Faculty of Law, Universiti Teknologi MARA)

  • Mohamad Hafiz Mohd Idris

    (Faculty of Law, Universiti Teknologi MARA)

  • Mohammad Shahrul Nizam Ashar

    (Faculty of Law, Universiti Teknologi MARA)

  • Nurazlina Abdul Raof

    (Faculty of Law, Universiti Teknologi MARA)

  • Hanafi Haron

    (Center of Innovation and Technology Transfer, Universiti Kebangsaan Malaysia)

  • Mohd Haris Abdul Rani

    (Faculty of Law, Universiti Teknologi MARA)

Abstract

This paper examines the doctrinal limitations of Section 375 of the Malaysian Penal Code, which adopts a gender-specific definition of rape that effectively confines principal liability to male offenders and restricts the offence to penile–vaginal penetration. This statutory structure creates significant prosecutorial gaps where female sexual offenders are involved and may result in unequal legal protection for victims, including male victims. These concerns raise broader constitutional implications under Article 8 of the Federal Constitution and compliance considerations in light of Malaysia’s international obligations under the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). Using a doctrinal comparative approach, the study contrasts Malaysia’s rape framework with Canada’s gender-neutral sexual assault model under Section 271 of the Canadian Criminal Code, as enacted through amendments introduced by Bill C-127 in 1983. The Canadian framework criminalises non-consensual sexual touching regardless of gender and centres liability on consent rather than anatomy, reinforced through consent-centred judicial interpretation and protective procedural mechanisms. The comparative findings suggest that Malaysia’s current approach may be difficult to reconcile with purposive equality reasoning and contemporary expectations of comprehensive legal protection against sexual violence. This paper accordingly proposes reform of Section 375 towards a gender-neutral model, drawing on Canada’s consent-based framework to strengthen accountability, enhance victim protection, and promote doctrinal coherence.

Suggested Citation

  • Wan Hamzi Helmi Wan Helmi & Mohamad Hafiz Mohd Idris & Mohammad Shahrul Nizam Ashar & Nurazlina Abdul Raof & Hanafi Haron & Mohd Haris Abdul Rani, 2026. "Reforming Gendered Rape Definitions: A Comparative Doctrinal Analysis of Malaysia’s Penal Code and Canada’s Sexual Assault Framework," International Journal of Research and Innovation in Social Science, International Journal of Research and Innovation in Social Science (IJRISS), vol. 10(1), pages 3232-3244, January.
  • Handle: RePEc:bcp:journl:v:10:y:2026:i:1:p:3232-3244
    as

    Download full text from publisher

    File URL: https://rsisinternational.org/journals/ijriss/uploads/vol10-iss1-pg3232-3244-202602_pdf.pdf
    Download Restriction: no

    File URL: https://rsisinternational.org/journals/ijriss/view/reforming-gendered-rape-definitions-a-comparative-doctrinal-analysis-of-malaysia-s-penal-code-and-canada-s-sexual-assault-framework/
    Download Restriction: no
    ---><---

    More about this item

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:bcp:journl:v:10:y:2026:i:1:p:3232-3244. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Dr. Pawan Verma (email available below). General contact details of provider: https://rsisinternational.org/journals/ijriss/ .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.