Pertanika J. Soc. Sci. & Hum. 28 (4): 3187 - 3206 (2020) SOCIAL SCIENCES & HUMANITIES Journal homepage: http://www.pertanika.upm.edu.my/ Why Do Men Rape? Male Prisoners’ Viewpoints through a Feminist’s Review Nur Adiba Ab Mubin1* and Haslina Muhamad2 1Gender Studies, Faculty of Arts and Social Sciences, University of Malaya, Kuala Lumpur 50603, Malaysia 2Anthropology and Sociology Department, Faculty of Arts and Social Sciences, University of Malaya, Kuala Lumpur 50603, Malaysia ABSTRACT Rape cases have become more and more common nowadays. It is seen to be going rampant from day to day, with the number of victims increasing. A study to analyze the factors that lead to rape from adult rapists’ perspective was conducted at Pengkalan Chepa Male Prison (PCMP), Kelantan. Feminist views and laws concerning rape are adopted in the explanation and comparison of the factors. Questionnaires were distributed to 44 adult males who were convicted of committing rape under Section 376 of the Penal Code where the offenders are sentenced to jail. The study found that the main factors for the males to commit rape were their desire for sex and inability to resist lust (75%), the influence of pornography and porn videos (47.7%), the seductiveness of a woman (52.3%) and women’s attire (45%). The misconception of rape being assumed as sexual intercourse instead of a crime shows that the victims are often blamed for provoking rape. The implication of the study is discussed. Keywords: Factors encouraging rape, feminist, Pengkalan Chepa Male Prison, rape, rapist INTRODUCTION Rape is a very repulsive, incomprehensible and feared crime. It has a number of different interpretations depending on the theory and ARTICLE INFO law, as well as community’s belief. Rape can Article history: Received: 11 June 2020 happen to men, women or children of all Accepted: 17 September 2020 Published: 25 December 2020 ages. The impact of rape includes physical DOI: https://doi.org/10.47836/pjssh.28.4.38 and emotional injury. Rape involves forcing E-mail addresses: an individual to have sexual intercourse [email protected] (Nur Adiba Ab Mubin) (Hamid & Naseer, 2008). FitzGerald also [email protected] (Haslina Muhamad) * Corresponding author asserted that “rape is rape. Rape can occur ISSN: 0128-7702 e-ISSN 2231-8534 © Universiti Putra Malaysia Press Nur Adiba Ab Mubin and Haslina Muhamad to women at a certain age, in a marriage or PRESENT STUDY in a relationship” (as cited in “‘When is it Rape cases in Malaysia reported by the going to stop’”, 2019, para. 11). Women’s Aid Organization (WOA), showed In common law, rape involves a decrease in the number of cases from 2011 unconsented sex committed by a man (3301) to 2017 (1582), the statistical sources against a woman, whom he is not married to, stated by WOA are based on the number of or does not live with. Rape is often presumed case reports received by Royal Malaysia as a crime or an evil act with intent, and is Police. Nevertheless, many rapes and sexual against the law. This offence causes harm assaults go unreported. Based on this report, physically, psychologically, or economically it is possible that the actual statistics may be as well as threatens the community’s quality higher than what has been reported so far. of life by placing us in a frightful situation Against this background, the present (Hamid & Naseer, 2008). study seeks to investigate the factors that The effects of rape not only affect the incite rape from an adult rapist’s perspective. victim’s physical and emotional conditions, Kelantan, one of the states located in the but also the whole being of a person North-East of Peninsular Malaysia is (Brownmiller, 1975). Sachs-Ericsson et al. governed by the Pan-Malaysian Islamic (2014) established that rape victims were Party (PAS) for the past 26 years. The most likely to suffer from various physical Islamic values that should be the mainstay and psychological-health malfunctions, and the main agenda of the political party including lower self-esteem. The World should prevent the males from committing Health Organization (2013) reported that rape. However, according to the statistics “globally, one in three, or 35% of women from the Royal Malaysian Police, between will experience physical and/or sexual 2001 and May 2014, the number of rape violence, including rape” (p. 3). victims aged 13 to 15 totaled 149,260 cases. Rape also gets the attention of feminist Meanwhile, the corresponding statistics for researchers by looking at rape in a wider those aged 15 to 18 was 7,050 cases. Besides scope. Herman (1990) stated that rape “as rape, cases involving gender-based sexual resulting almost entirely from the normal assaults, including incest, unnatural offences cultural socialization of males” (p. 8). Baron and molestation also recorded an increase and Straus (1984), asserted that “rape is in Kelantan (Royal Malaysia Police, 2014). occasioned by women’s resistance, not by Kelantan Police Chief Datuk Mazlan Lazim men’s force; or, male force, hence rape, is also stated that the crime against women in created by women’s resistance to sex” (p. Kelantan was also increasing, including rape 322). Feminist views should be taken into (Othman, 2016). account in identifying the causes of rape Although, the report from the Women’s and its impact on the society, especially Aid Organization (WOA) for rape case rape victims. statistics in Kelantan from 2015 to 2017 3188 Pertanika J. Soc. Sci. & Hum. 28 (4): 3187 - 3206 (2020) Rape & Why showed a decrease but Kelantan Police in fear of death or hurt to herself Chief, Datuk Hasanuddin Hassan said or any other person, or obtained in 2019, cases involving sexual crimes, under a misconception of fact domestic violence and child abuse in and the man knows or has reason Kelantan, were at an alarming level based on to believe that the consent was the reports received. Based on the statistics given in consequence of such from January to October in 2019, a total of misconception; 594 cases were recorded, compared to 575 d) with her consent, when the man last year in the same period. Rape cases knows that he is not her husband, recorded the highest number of 54 cases, and her consent is given because followed by obscenity (33), sodomy (4), she believes that he is another man pornographic gestures (6) and distributing to whom she is or believes herself pornographic pictures (4) (Zaidi, 2019). to be lawfully married or to whom Taken together, this research, however, she would consent; looked into the rapist’s perspective to e) with her consent, when, at that investigate the factors that contributed to time of giving such consent, she is rape in Kelantan and explained the crime unable to understand the nature and using a feminist framework. Rape victims consequences of that to which she are mostly women, therefore it is appropriate gives consent; to discuss the findings by focusing on the f) with her consent, when the consent importance of gender as a central element is obtained by using his position of social life and the changes that involve of authority over her or because women’s experiences. of the professional relationship or other relationship of trust in her LITERATURE REVIEW relationship of trust, in relation to Malaysia Rape Definition her; g) with or without her consent when Definition of rape under Malaysian Law: she is under sixteen years old. Malaysian Penal Code (Act 574 as at 1st July 2015) states that “a man is said to commit Explanation- Penetration is sufficient “rape” who, except in the case here-in after to constitute the sexual intercourse excepted, has a sexual intercourse with a necessary to the offence of rape. woman under circumstances falling under any of the following descriptions: Exception - Sexual intercourse by a man a) against her will; with his own wife by a marriage which b) without her consent; is valid under any written law for the c) with her consent, when her consent time being in force, or is recognised has been obtained by putting her in the Federation as valid, is not rape (p. 160). Pertanika J. Soc. Sci. & Hum. 28 (4): 3187 - 3206 (2020) 3189 Nur Adiba Ab Mubin and Haslina Muhamad Explanation 1- A woman – because of the small number of such reports a) living separately from her husband received by the authorities. under a decree of judicial separation or a decree nisi not made absolute; Feminist Rape Definition or Rape has also gained the feminist researchers’ b) who has obtained an injunction attention for decades. According to feminists, restraining her husband from having rape has been a part of human development, sexual intercourse with her, and in ancient times, rape occurred during shall be deemed not to be his wife for times of war and violence. In this situation, the purposes of this section. women and children become the victims of violence and they are abused through male Explanation 2 – A Muslim woman coercion (Rohana et al., 1997). living separately from her husband Thus, feminists change the definition during the period of ‘íddah, which of rape to insist that rape is not a sexual shall be calculated in accordance with crime, but a heinous crime. Even rape is the Law of Syara’, shall be deemed not also interpreted as an “act of violence with to be his wife for the purposes of this sex” (Burgess & Holmstrom, 1974, p. 21). section (p. 161). Polaschek et al. (1997) asserted that rape as an act of anal or vaginal penetration Probing into the rape definition in by a penis, finger or object penetration of the Malaysia Penal Code, there are three the mouth or through the use of the penis.