Consensual gay sex shouldn’t be a crime, says former law minister
(Malay Mail Online) – Former law minister Datuk Zaid Ibrahim today suggested the legalisation of consensual gay sex to prevent the entire nation from being dragged into private bedroom affairs, amid a protracted sodomy case involving Opposition Leader Datuk Seri Anwar Ibrahim.
Saying that the sodomy conviction appeal has come at the nation’s expense, Zaid urged Putrajaya to consider his suggestion after Anwar’s case is disposed off next week.
“Only in Malaysia, you find parties who engaged in consensual sex are seeking justice at great cost to the nation. Just legalise it.
“If adultery is not a criminal offence, why should homosexuality be,” Zaid asked in a series of tweet on his account @zaidibrahim.
Oral and anal sex, even consensual, are illegal under Section 377A of Malaysia’s Penal Code that was inherited from British colonials.
The section classified the acts as “carnal intercourse against the order of nature”, which are punishable by jail up to 20 years and whipping.
Committing “carnal intercourse against the order of nature” without consent carries a slightly heavier penalty of jail between five and 20 years, and whipping.
Consensual sex out of wedlock and adultery are both crimes for Muslims, however, under Shariah law in all states.
Illicit sex, or zina, is punishable by a fine not more than RM5,000, prison not more than three years, whipping not more than six strokes, or any combination of the three.
“Next week after all the trauma of Anwar Saiful gig is over, let’s start talking about decriminalising consensual sex, of whatever kind,” he tweeted.
“I know we like international attention, but can we get attention for things that matter; like breakthrough in science etc.”
The Federal Court is hearing Anwar’s challenge against his second sodomy conviction as decided by the Court of Appeal in March, with a decision expected next week.
The 67-year-old charismatic politician was charged with sodomy for the second time in his life in 2008 and was initially acquitted by the High Court in 2012.
Today, Singapore’s Court of Appeal, ruled that its version of Section 377A is constitutional and does not infringe on human rights as detailed in the constitution.
