| Some may remember Malaysia as a nation with a one-time penchant for projecting its record-achieving feats.
Moreover, between 1990-2010, the overwhelming majority of men who were charged in court were those who had engaged in anal or oral sex with children, rather than men in consensual same-sex relations. In other words, the law was largely flexed upon adults involved in coercive or underaged anal or oral sex, ie anal or statutory rape; not on consenting adults.
The question of why and how this linkage happened is outside the scope of this article and deserves a separate discussion. Suffice to say, it is more helpful to understand the introduction of 377 not solely as a piece of legislation to prohibit these kinds of sexual acts but as part of a broader set of morality laws that British rule instituted for a variety of reasons.
Worse perhaps, British expansion introduced "guilty inhibitions about sex into societies previously much better sexually adjusted than perhaps any in the West", according to professor Ronald Hyam. This, however, should be a reason to abolish the law, not leave it unchallenged. Another less obvious explanation, and one worthy of more query, is related to how sex and sexuality - along with gender diversity - continue to be narrowly understood in this country.
In 1989, Parliament responded to pressure by women’s groups to expand the definition of rape in the Penal Code to cover anal rape. However, for reasons never made public, it criminalised this under 377, not Section 375 on rape.
Source: Law Daily Report (lawdailyreport.net)
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