Rape involves a severe degree of emotional and psychological trauma. It may be described as a violation which in effect obliterated the personality of the victim. Its physical consequences equally are severe: the actual physical harm occasioned by the act of intercourse; associated violence or force and in some cases degradation; after the event, quite apart from the woman’s continuing insecurity, the fear of venereal disease or pregnancy. Rape is also particularly unpleasant because it involves such intimate proximity between the offender and victim with the absence of consent and expressing love.
Definition of Rape is governed under section 376 of Penal Code. According to the Malaysian Penal Code, the act of rape is defined as sexual intercourse with a woman against her will or without consent and this definition is not exhausted to that limit. The definition of rape also extent to the act that her consent is obtained by putting her in fear of death or hurt or when she is unable to understand the nature and consequences of what she is consenting to or when her consent is obtained by using a position of authority a professional relationship or other relationship of trust. Nevertheless, the act of sexual intercourse with a girl under the age of 16 years , with our without her consent is classified as statutory rape.
According to Section 376 of the Penal Code, those who committed rape will be punished with imprisonment for a term up to 20 years with whipping. Besides that, punishment with imprisonment for a term up between 10 to 30 years along with whipping can be imposed on those who committed rape under certain circumstances as stipulated in the provision. Punishment of imprisonment for a term between 8 to 30 years with whipping not less than 10 strokes can be imposed upon the rapist who committed the offence under the circumstances that he is not permitted to marry the woman under the law, religion or custom. In addition, capital punishment or a punishment of imprisonment for a term between 15 to 30 years with whipping of no less than 10 strokes can be imposed on the rapist who causes the death of the woman.
In line of the above, what are the basic documentary evidence that will be required during the Trial?
- First Information Report [FIR]: FIR is a written document prepared by the police when they receive information about the commission of a cognizable offence. t is a report of information that reaches the police first in point of time and that is why it is called the First Information Report. It is generally a complaint lodged with the police by the victim of a cognizable offence or by someone on his/her behalf. [2] Evidence of recent complaint would be relevant and admissible if the complaint was made at the first reasonable opportunity or within a reasonable time of the alleged offence
2. Charge Sheet [Kertas Pertuduhan]: is the form of sheet on which the officer in charge of a police station or lock-up enters the accusations or charges against persons brought there in custody, whether arrested with or without warrant.[3]
3. Forensic Report: In which contained the DNA test report and Lab report to ascertain the DNA of the accused including his semen.
4. Medical Report: The medical report should describe the type of injuries sustained (particularly to the mouth, breasts, vagina, and rectum) or any bleeding from or abrasions on the patient or assailant (to help assess the risk of transmission of HIV and hepatitis) and other information to support or to depart on the commission of the crime.
Sources
[2]https://www.humanrightsinitiative.org/publications/police/fir.pdf
[3]Ency of the Laws of England; Cr. P. Code, (Act V of 1898), s 3, Cl (c).