WUNRN
Brunei is a sovereign state located on the north coast of
the island of Borneo, in Southeast Asia. Apart from its coastline with
the South China Sea,
it is completely surrounded by the state of Sarawak, Malaysia. Islam
is the official religion of Brunei. http://en.wikipedia.org/wiki/Brunei#Religion
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BRUNEI - MARITAL RAPE - ANALYSIS OF
CURRENT LAWS
Although marital
rape is not included in the current Penal Code, however, protection against
sexual assault may be possible with the amendments made to the Islamic Family
Law Order 2010 and Married Women Act Order 2010. Picture: BT file
Zareena Amiruddin
August 13, 2010
There have been complaints of forced sexual intercourse
by women against their husbands to the police in the past, but these complaints
are usually unattended as there is no law against marital rape in
In 2007,
Brunei's Attorney General's Chambers said it currently has no plans to amend
Section 375 of the Penal Code, which states that sexual intercourse by a man
with his own wife, the wife not being under 13 years of age, is not rape.
A Royal Brunei Police Force officer said they were unable to take any action
when someone reports rape by their spouse, as the law does not permit it.
No official figures were disclosed on how many complaints were received.
However, protection against sexual assault may be possible with the amendments
made to the Islamic Family Law Order 2010 and Married Women Act Order 2010.
Sexual assault falls under the definitions of dharar Syar'ie and "domestic
violence" in the two orders respectively.
The orders state that causing hurt to a family member by such act which would
result in injury or compel the family member by force or threat to engage in
any act, from which he or she has a right to abstain, falls under the
definition of dharar Syar'ie and "domestic violence".
For example, if a woman was forced to have anal intercourse by her spouse, the
woman could apply for a protection order from her spouse. Additionally, the
husband could also be charged under Section 377 of the Penal Code for Unnatural
Offences.
However, if forced vaginal intercourse occurred a woman may only be able to
obtain a protection order if she can prove that she was physically or
psychologically hurt in the process.
One can be protected against further harm under the Islamic Family Law Order
2010 and Married Women Act Order 2010, and the penalty for breaching the
protection order is a fine not exceeding $2,000 or imprisonment not exceeding
six months, or both.
The court may also award compensation to a victim taking into account the pain
and suffering of the victim, and the nature and extent of the physical and
mental injury suffered.
The punishment is less severe than the punishment for rape, which is
imprisonment for not less than eight years and not more than 30 years and also
whipping with not less than 12 strokes.
However, this law has come under criticism; in
It was reported by the Associated Press that some activists said it did not go
far enough because the law does not stipulate a minimum sentence, which means a
man could go to jail for as little as a day even if convicted.
Critics also say that the crime being punished is not rape because the Act
calls it sexual intercourse and cases are only prosecuted under the
Magistrates' Court.
In a paper entitled "Marital Rape: New Research and Directions" by
the National Online Resource Centre on Violence Against Women, it says,
"Despite the myth that has historically existed that rape by one's partner
is a relatively insignificant event causing little trauma, research indicates
that marital rape often has severe and long-lasting consequences for
women".
It added: "Given that women who are raped by their partners are likely to
experience multiple assaults, completed sexual attacks, and that they are raped
by someone whom they once presumably loved and trusted, it is not surprising
that marital rape survivors seem to suffer severe and long-term psychological
consequences."
The