View on laws related to statutory rape : A comparative analysis in the study of statutory rape laws in Malaysia and Republic of India
It is a criminal liability for a man who had sexual intercourse with the underage girl. Penal Code is the only single law for the criminal offense. Provisions under section 375 (g) of the Penal Code in Malaysia has codified that a man is guilty of the crime of rape through sexual intercourse with a...
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K Law (General) Muhamad Daim, Ibrahim View on laws related to statutory rape : A comparative analysis in the study of statutory rape laws in Malaysia and Republic of India |
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It is a criminal liability for a man who had sexual intercourse with the underage girl. Penal Code is the only single law for the criminal offense. Provisions under section 375 (g) of the Penal Code in Malaysia has codified that a man is guilty of the crime of rape through sexual intercourse with a woman under the age of 16. It is immaterial if the sex is done either by consent or without the consent of the woman. The law puts a statutory rape as a strict liability crime. The act of rape itself is able to indicate the intention of the accused. In legal, sexual
intercourse by a man with a female under the age of 16 termed as statutory rape. This study was done to see the extent of the existing law used to overcome the crime of statutory rape in Malaysia. In addition, comparisons were made with the Indian to assess the legal interpretation
of statutory rape in their country. A comparative analysis of the two countries is at once will show the application of English common law and the extent of which the two countries still rely on common law principles. The study was based on doctrinal research. This includes the use of the statute, the case laws and journal articles. A comparative analysis of the statutory rape laws in Malaysia and India will create an improvement over the existing law. It will also cause the effectiveness on the methods used. This study aims to improve the efficiency of statutory rape laws. |
| format |
Thesis |
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masters |
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Master's degree |
| author |
Muhamad Daim, Ibrahim |
| author_facet |
Muhamad Daim, Ibrahim |
| author_sort |
Muhamad Daim, Ibrahim |
| title |
View on laws related to statutory rape : A comparative analysis in the study of statutory rape laws in Malaysia and Republic of India |
| title_short |
View on laws related to statutory rape : A comparative analysis in the study of statutory rape laws in Malaysia and Republic of India |
| title_full |
View on laws related to statutory rape : A comparative analysis in the study of statutory rape laws in Malaysia and Republic of India |
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View on laws related to statutory rape : A comparative analysis in the study of statutory rape laws in Malaysia and Republic of India |
| title_full_unstemmed |
View on laws related to statutory rape : A comparative analysis in the study of statutory rape laws in Malaysia and Republic of India |
| title_sort |
view on laws related to statutory rape : a comparative analysis in the study of statutory rape laws in malaysia and republic of india |
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Universiti Utara Malaysia |
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Ghazali Shafie Graduate School of Government |
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2014 |
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https://etd.uum.edu.my/4200/1/s813793.pdf https://etd.uum.edu.my/4200/2/s813793_abstract.pdf |
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my-uum-etd.42002022-08-03T01:55:17Z View on laws related to statutory rape : A comparative analysis in the study of statutory rape laws in Malaysia and Republic of India 2014 Muhamad Daim, Ibrahim Abd Rahman, Aspalela Ghazali Shafie Graduate School of Government Ghazali Shafie Graduate School of Government K Law (General) It is a criminal liability for a man who had sexual intercourse with the underage girl. Penal Code is the only single law for the criminal offense. Provisions under section 375 (g) of the Penal Code in Malaysia has codified that a man is guilty of the crime of rape through sexual intercourse with a woman under the age of 16. It is immaterial if the sex is done either by consent or without the consent of the woman. The law puts a statutory rape as a strict liability crime. The act of rape itself is able to indicate the intention of the accused. In legal, sexual intercourse by a man with a female under the age of 16 termed as statutory rape. This study was done to see the extent of the existing law used to overcome the crime of statutory rape in Malaysia. In addition, comparisons were made with the Indian to assess the legal interpretation of statutory rape in their country. A comparative analysis of the two countries is at once will show the application of English common law and the extent of which the two countries still rely on common law principles. The study was based on doctrinal research. This includes the use of the statute, the case laws and journal articles. A comparative analysis of the statutory rape laws in Malaysia and India will create an improvement over the existing law. It will also cause the effectiveness on the methods used. This study aims to improve the efficiency of statutory rape laws. 2014 Thesis https://etd.uum.edu.my/4200/ https://etd.uum.edu.my/4200/1/s813793.pdf text eng public https://etd.uum.edu.my/4200/2/s813793_abstract.pdf text eng public masters masters Universiti Utara Malaysia Eade, L. (2003). Legal incapacity, autonomy, and children's rights. Newcastle Law Review, 5(2), 157-168. Barbaree, H. E., & Marshall, W. L. (2006). An introduction to the juvenile sex offender. Ryan, G. (1997). Perpetration prevention. In G. Ryan & S. Lane (Eds.), Juvenile sexual offending Source: http://econ.upm.edu.my/researchbulletin/ artikel/Vol%204%20March%202009/19-24%20Adilah.pdf. http://dictionary.lawyerment.com/topic/statutory_rape/ Indian Criminal Law Amendment in 2013 Rationale of statutory rape laws http://dictionary.lawyerment.com/topic/ statutory_rape/. www.unicef.org/malaysia/childrights_crc. html. Nadesan K. Management of rape survivors. Ceylon Med J 1999; 44(3): 109-13. See Ratanlal,Dhirajlal ,The Indian Penal Code pg 754. Lisa Fuentes, The 14th Amendment and Sexual Consent: Statutory Rape and Judiciary Progeny”, Women’s Rights Law Reporter, Rutgers Law School Publications, Vol. 16, no. 2, Winter 1994. Rape - Overview; Act and Mental State, Wayne R. La Fave Professor of Law, University of Illinois, "Substantive Criminal Law" 752-756 (3d ed. 2000) (1907) 97 Southwestern Reporter 668 [1], (1907) 79 Arkansas Reports 303 [2], 9 Annotated Cases, American and English 412 [3] Statutory Rape Law in Historical Context at http://sunypress.edu. Bell, Patricia (January 14, 1982). "Negligence And A Fine For Rape". The Glasgow Herald. Retrieved October 27, 2013 Reception of English Law in Malay States by Priya Shan at Academia.edushareresearch. http://www.legalservicesindia. com/article/article/legislation-&-common-law-indian-legal system-587-1.html. http://www.legalserviceindia.com/articles/medooo.htm. Articles 121 to 131A of the Federal Constitution are referring to the source of power in the federal judiciary. Article 145 of the Constitution refers to the jurisdiction and duties of the Attorney General of Malaysia. The Star On Line is one of the Online Newspapers in Malaysia. Gordon Hewart, 1st Viscount Hewart, PC (7 January 1870 – 5 May 1943) was a politician and judge in the United Kingdom. Medical Jurisprudence and Toxicology 21st edition, Dr Jaising P Modi. http://www.themalaysian insider.com/malaysia/article/zaki-courts-should-decide-punishment-forstatutory-rape. Article 160(2) of Federal Constitution “law” includes written law, the common law in so far as it is in operation in the Federation or any part thereof, and any custom or usage having the force of law in the Federation or any part thereof; "Age of Confusion". India Today. 1 April 2013. Retrieved 23 February 2014 "Age of consent to be fixed at 18 yrs". Hindustan Times. 9 June 2012. Retrieved 23 February 2014. "Govt relents, keeps age of consent for sex at 18". Zee News. 19 March 2013. Retrieved 23 February 2014. Ratanlal & Dhirajlal’s The Indian Penal Code pg 752. Kumar, Radha (1993). The History of Doing: An Account of Women's Rights and Feminism in India. Basu, Moni (8 November 2013). "The Girl Whose Rape Changed A Country". CNN. Retrieved 7 December 2013. "In memoriam: Lotika Sarkar 1923 – 2013". feministsindia.com. Retrieved 4 June 2013 Asst. Professor, University College of Law, Osmania University, Hyderabad Bharwada Bhoginbhai Hirjibhai [1983] AIR 1983 SC 753 Cr LJ 1096. Ratanlal, Dhirajlal The Indian Penal Code 1860 ed 33 pg 774 www.jhatkaa.org/suspend-sexist-judge. Alfred Venn Dicey. The Law of Constitution pg 202. http://timesofindia.indiatimes.com/india/West-Bengal-gang- rape-case-SC-takes-suo-motucognizance-notice-to-govt. PLAYING GOD: A CRITICAL LOOK AT SUA SPONTE DECISIONS BY APPELLATE COURTS,ADAM A. MILANI, AND MICHAEL R. SMITH. ,Assistant Professor, Mercer University School of Law; J.D., Duke University; B.A.,University of Notre Dame.. Associate Professor, Mercer University School of Law; J.D., University of Florida. Child Witnesses: Evidentiary Reforms Kate Warner Lecturer Faculty of Law University of Tasmania Hobart pg 171. |