Today in Malaysia, a rape is reported every three days. However, when it happens within a marriage, our laws fall silent.
Marital rape is one of the most dehumanising forms of Gender-Based Violence (GBV), yet Malaysia still refuses to call it what it is — rape.
Survivors endure prolonged periods of coercion and trauma without any recognition due to social norms that dismiss the seriousness because of marital consent.
Silence comes at a high cost and is not just a form of injustice, but also carries serious mental health consequences, including the risk of suicide. How much longer will Malaysians turn a blind eye?
Marital rape is when one partner forces the other into sexual acts without their consent. It includes not only violence but also threats, emotional manipulation or exploitation within the relationship.
Amid deeply rooted traditions in Malaysia, sex is often framed as a wifely duty; yet, consent does not end on your wedding day. Marriage is a partnership, not a licence for ownership.
Tradition and myth sustain the abuse; no one is “sexually obligated” within marriages. In fact, thinking like that denies individuals the right to decide what to or not to do with their bodies.
Recognising marital rape for what it is — a hidden but serious form of gender-based violence — is the first step toward offering compassion, protection, and justice to survivors.
Here’s the truth that should outrage every Malaysian: our Penal Code, Section 375, defines rape, explicitly exempts husbands, as though marriage erases consent.
Under Section 375A, unless the intercourse causes injury or the husband threatens his wife’s life, he may be punished under other relevant legal provisions.
Simply put, a husband can force sex without consent and walk free, unless harm occurs. This legal gap conveys that marital status determines whose pain matters.
Some Malaysians still believe criminalising marital rape would undermine family harmony and social stability. Patriarchal culture dismisses women’s sexual rights (places men above women), leading many wives to endure marital rape in silence, ashamed and afraid, believing it is their duty to obey.
Some religious teachings also shape Malaysia’s stance, for example, some leaders interpret Islamic teachings as emphasising that wives must obey their husbands.
Worse still, child marriage remains legal with court approval, leaving underage girls even more vulnerable to sexual assault.
The law exists to protect justice and autonomy. Obviously, rape within marriage violates both.
The crime of rape harms women’s sexual independence, namely, the right to decide whether or not to engage in sexual activity.
Besides, equality before the law must mean something, as Article 8 guarantees this principle. If women are truly equal, the law must protect them from violence, even from their husbands.
Marital rape undermines women’s autonomy, dignity and safety within their own homes. Studies have shown what survivors already know too well — marital rape shatters the mind as much as the body, often leaving behind Post-Traumatic Stress Disorder (PTSD), anxiety, and deep despair.
Other concerns include persistent fear, hyper-vigilance, and emotional numbing, which often lead to long-term impairment and social isolation.
With marital rape being socially stigmatised, women struggle against unfair systems and the silencing effects of societal and religious structures.
This stigmatisation results from cultural and religious expectations of obedience and familial harmony, which discourage women from reporting, trapping them in cycles of abuse and self-blame.
This is where clinical psychologists play a vital role in providing a safe space to break the silence. Clinical psychologists can provide evidence-based trauma-focused therapies, such as Cognitive Behavioural Therapy (CBT) and Cognitive Processing Therapy (CPT), to address conditions like PTSD.
Furthermore, they advocate for trauma-informed care within communities and legal systems, particularly with local NGOs, to recognise marital rape as both a severe mental health emergency and a violation of human rights.
Additionally, there is a need for legal reforms. Changes should be made to Penal Code Section 375 to remove that exception clause, so marital rape can be recognised and prosecuted in the same way as rape outside marriage.
Section 375A should also be abolished or converted into additional sentencing so that offenders face equal punishment.
The definition of “rape” should also be updated to meet international standards: it should include all forms of penetration by objects or body parts and use gender-neutral terminology, acknowledging that all victims, regardless of gender, should be protected.
The Evidence Act should also be reformed to clarify that a lack of resistance is not evidence of consent, thereby helping prevent survivors from being discredited.
However, legal reforms alone are not enough to protect survivors. Marital rape should be explicitly recognised in the Domestic Violence Act, allowing marital rape survivors to access the same services as any other victims of domestic violence. These include access to protection orders, shelters and other essential services.
To dismantle this silence, Malaysia must continue to take proactive steps to challenge its institutionalised cultural and religious challenges that normalise marital rape in the public lens.
In public education and awareness, a clear understanding of consent and bodily autonomy must be taught from a young age through campaigns or integrated into our education syllabus.
By coupling this with expanding local research, our future generations can foster an informed society and build strong, evidence-based advocacy for legal and social change.
Looking ahead, we stand to make a collective call to action. The change from awareness to advocacy begins with the current Malaysian generation.
Today’s lawmakers and leaders should be at the forefront of the cause, working with advocates and survivors.
In closing, we call upon Malaysians to actively speak out against marital rape and domestic violence.
Until the law changes, countless women will remain unprotected in their own homes.
Anita Schneider, Coey Tiong, Kaitlyn Ng, Muhammad Irfan Farhan and Sofea Mohd Fraziali are students in the Master of Clinical Psychology programme, Department of Psychology, School of Psychology and Social Sciences, IMU University.
- This is the personal opinion of the writer or publication and does not necessarily represent the views of Ova.
