Transsexuality and the criminal law

By virtue of section 375 of the Malaysian Penal Code (MPC), it is clearly stated that the offence of rape could only be committed by a man (as defined in section 10 MPC) as principal upon a woman (as defined in section 10 MPC) as victim. This provision highlights that in Malaysia, the law of rape is...

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Main Author: Mohamad Yunus, Mohamad Ismail
Format: Article
Language:English
Published: Royal Malaysia Police 2012
Subjects:
Online Access:http://irep.iium.edu.my/50510/
http://irep.iium.edu.my/50510/1/PENGAMAN_BIL_1%3A2012_80%3A84-_Transsexuality.pdf
id iium-50510
recordtype eprints
spelling iium-505102016-05-09T07:12:54Z http://irep.iium.edu.my/50510/ Transsexuality and the criminal law Mohamad Yunus, Mohamad Ismail K Law (General) KD England and Wales By virtue of section 375 of the Malaysian Penal Code (MPC), it is clearly stated that the offence of rape could only be committed by a man (as defined in section 10 MPC) as principal upon a woman (as defined in section 10 MPC) as victim. This provision highlights that in Malaysia, the law of rape is entirely gender delineated. A question might arise, how about if a biological male who underwent the gender reassignment surgery or transsexual operation and consequently become a person with an artificial female genitalia and the issue is whether that person would remain as a male for the purposes of criminal law, and thus could not be the victim of the offence of rape? Royal Malaysia Police 2012 Article NonPeerReviewed application/pdf en http://irep.iium.edu.my/50510/1/PENGAMAN_BIL_1%3A2012_80%3A84-_Transsexuality.pdf Mohamad Yunus, Mohamad Ismail (2012) Transsexuality and the criminal law. Pengaman, Official Magazine Of Royal Malaysia Police, 1 (1/2012). pp. 80-84. ISSN 2232-1330
repository_type Digital Repository
institution_category Local University
institution International Islamic University Malaysia
building IIUM Repository
collection Online Access
language English
topic K Law (General)
KD England and Wales
spellingShingle K Law (General)
KD England and Wales
Mohamad Yunus, Mohamad Ismail
Transsexuality and the criminal law
description By virtue of section 375 of the Malaysian Penal Code (MPC), it is clearly stated that the offence of rape could only be committed by a man (as defined in section 10 MPC) as principal upon a woman (as defined in section 10 MPC) as victim. This provision highlights that in Malaysia, the law of rape is entirely gender delineated. A question might arise, how about if a biological male who underwent the gender reassignment surgery or transsexual operation and consequently become a person with an artificial female genitalia and the issue is whether that person would remain as a male for the purposes of criminal law, and thus could not be the victim of the offence of rape?
format Article
author Mohamad Yunus, Mohamad Ismail
author_facet Mohamad Yunus, Mohamad Ismail
author_sort Mohamad Yunus, Mohamad Ismail
title Transsexuality and the criminal law
title_short Transsexuality and the criminal law
title_full Transsexuality and the criminal law
title_fullStr Transsexuality and the criminal law
title_full_unstemmed Transsexuality and the criminal law
title_sort transsexuality and the criminal law
publisher Royal Malaysia Police
publishDate 2012
url http://irep.iium.edu.my/50510/
http://irep.iium.edu.my/50510/1/PENGAMAN_BIL_1%3A2012_80%3A84-_Transsexuality.pdf
first_indexed 2023-09-18T21:11:23Z
last_indexed 2023-09-18T21:11:23Z
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