Laws Regarding Incest - Asia - Malaysia

Malaysia

Incest is illegal in Malaysia, but it is unclear to which family members this extends. The law defines incest as sexual intercourse with another person whose relationship to him or her is such that he or she is not permitted, under the law, religion, custom or usage applicable to him or her, to marry that person.

In addition to whipping, persons convicted of incest face a minimum sentence of 6 years of imprisonment and a maximum sentence of 20 years of imprisonment. It is a defense against the charge if the person did not know the relationship was not permitted or if the sexual intercourse was done without his or her consent. Girls below the age of 16 and boys below the age of 13 are deemed to be incapable of giving consent.

While it is unclear to which family members the incest law extends, a verdict from the High Court in Sabah and Sarawak in June 2011 provided some details about the sentencing guidelines. It described incest as a "heinous crime" but that the degree of kinship between the parties dictates the "level of repulsion" which the court translates into a sentence imposed. The verdict said the worst on such a scale is incest committed by a father to his biological daughter or a brother to his biological sister, and that such offenders should receive the harshest sentence. It said an uncle and his maternal niece committing incest is not on that same level and, if there was no violence involved, the length of the sentence should reflect it.

There are more severe sentences for those who commit incest through rape. The offense incestuous rape is punishable for not less than 8 years of imprisonment and not more than 30 years of imprisonment. In addition, those convicted receive not less than 10 strokes.

Malaysian law also considers sexual intercourse with the stepfamily of an accused to be incestuous. A 54-year-old police officer was charged in March 2012 after allegedly committing incest with his 15-year-old stepdaughter.

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