Anti-LGBT laws: Malaysia

Malaysian law currently provides for whipping and up to a 20-year prison sentence for homosexual acts involving either men or women.

According to the 2011 report on laws about homosexuality worldwide from the International Lesbian, Gay, Bisexual, Trans and Intersex Association, Malaysian law on homosexual activity is codified in Section 377 of its Penal Code:

Penal Code (Consolidated version 1998) 187

Unnatural Offences
Section 377A. Carnal intercourse against the order of nature.
“Any person who has sexual connection with another person by the introduction of the penis into the anus or mouth of the other person is said to commit carnal intercourse against the order of nature. … Penetration is sufficient to constitute the sexual connection necessary to the offence described in this section.”

Section 377B. Punishment for committing carnal intercourse against the order of nature.
“Whoever voluntarily commits carnal intercourse against the order of nature shall be punished with imprisonment for a term which may extend to twenty years, and shall also be liable to whipping.”

Section 377C. Committing carnal intercourse against the order of nature without consent, etc.
“Whoever voluntarily commits carnal intercourse against the order of nature on another person without the consent, or against the will, of the other person, or by putting other person in fear of death or hurt to the person or any other person, shall be punished with imprisonment for a term of not less than five years and not more than twenty years, and shall also be liable to whipping.”

Section 377D. Outrages on decency.
“Any person who, in public or private, commits, or abets the commission of, or procures or attempts to procure the commission by any person of, any act of gross indecency with another person, shall be punished with imprisonment for a term which may extend to two years.”

Sharia law

The report states further:

“Moreover, several states in Malaysia have instated Islamic Sharia laws, applying to male and female muslims, criminalising homosexual and lesbian acts with up to three years imprisonment and whipping.

“The Sharia Penal law in the Malaysian state of Syriah prescribes penalties for sodomy (Liwat) and lesbian relations (Musahaqat) with fines of RM5,000.00, three years imprisonment and 6 lashes of the whip. All these penalties can be combined.”

10 Responses to Anti-LGBT laws: Malaysia

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