SUHAKAM’s REPORT TO THE UNITED NATIONS COMMITTEE ON ELIMINATION OF DISCRIMINATION AGAINST WOMEN sexual intercourse with her,5 the Commission is nonetheless concerned that marital rape remains an exception to rape under section 375.6 3.5.2 Accordingly, the Commission strongly calls for the revocation of the exception under section 375 for the following reasons: i. Marital rape, being a violent and degrading act perpetrated by a spouse is no less repugnant than rape perpetrated by a stranger; ii. Article 16(1) (c) of the CEDAW is clear that both spouses have equal rights in a marriage. A wife is not under the authority of her husband or subservient to her husband; iii. To endorse marital rape legitimises violence by a husband against a wife; iv. Marital rape reinforces the inferiority of women and the superiority of men and Article 5(a) of the CEDAW places an obligation upon the Government to “modify the social and cultural patterns of conduct of men and women, with a view to achieving the elimination of prejudices and customary and all other practices which are based on the idea of inferiority or the superiority of either of the sexes…”; v. Marital rape is a violation of the human rights of women. Article 2 of the UN Declaration on the Elimination of Violence against Women, defines ‘marital rape’ as violence against women, which impairs upon a woman’s right to the full enjoyment of human rights and fundamental freedoms. Further, on 30 June 2004, Malaysia signed the Declaration on the Elimination of Violence against Women in the ASEAN region, which recognises that violence against women both violates and impairs their human rights and fundamental freedoms. vi. On 18 November 2012, Malaysia adopted the ASEAN Human Rights Declaration (AHRD), which reaffirms the importance of ASEAN’s effort in promoting human rights, including the Declaration of the Advancement of Women in the ASEAN Region and the Declaration on the Elimination of Violence against Women in the ASEAN Region. 5 Section 375A provides that “any man who during the subsistence of a valid marriage causes hurt or fear of death or hurt to his wife or any other person in order to have sexual intercourse with his wife shall be punished with imprisonment for a term which may extend to five year.” 6 Exception to section 375 - sexual intercourse by a man with his own wife by a marriage which is valid under any written law for the time being in force, or is recognised in the Federation as valid, is not rape. 4