Rape In Marriage -- Malaysia

Rape in marriage is perhaps one of the most under-reported crimes in almost all jurisdictions. Whether this is because the jurisdiction does not yet have laws in place to prosecute the crime or whether the stigma associated with rape prevents reporting or people just do not accept that a person can be raped by their spouse are all possibilities for the lack of reporting.

However, Malaysia has put into place a law that makes it a crime to commit rape in marriage. This law is in fact an amendment to the penal code, and has been in force since September 2007. The law is far from perfect, at least in my mind, as the maximum sentence for rape in marriage is five years. The maximum sentence for "ordinary" rape is thirty years.

In my mind, rape is rape, and the maximum sentence available, if found guilty must be the same. However, in a recent Australian case, a jury was seemingly convinced that rape could, in very limited and specific circumstances, be accidental.

Nevertheless, the prosecutors of eastern Pahang State in Malaysia have used the amended Penal Code to successful prosecute a Malaysian man who was alleged to have raped his wife and forced her to have anal sex as well. He was sentenced to the maximum of five years for the marital rape and a further 10 years and three lashes for the anal sex charge. This was the first successful prosecution for marital rape under the amended Penal Code.

This is an interesting development for a number of reasons. First, it seems that there are greater protections afforded, primarily, to women who are raped by their husbands. I am not sure that one decision is enough to inspire across the board confidence in the law, but it is a start and it is a step in the right direction.

Second, the Manohara case may benefit from this judgment. It would seem clear from the allegations being put forward by Mano that the prince was a bit of a sex addict, perhaps even a bit of a fiend, and that he was very demanding on the need for sex. Was this rape in marriage? If so, is Manohara, or her team, thinking about pursuing the prince in this manner?

Hopefully, though the decision will inspire more Malaysians to stand up for their marital rights, particularly women, and that rape at any time is not something that must be endured in silence and shame.

Viral Videos -- Marketing Tools of the Future...

Here are two prime examples of what might be possible. Both of these videos relate to Jill and Keith. The first is their marriage and has had some 17 million hits on YouTube. The second is their divorce and it has already had some 1 million hits, also on YouTube.

The wedding first...



Now the divorce...



The idea of marketing using a viral video, providing you could get the format right and make a video that would indeed go viral, then this would be a good way of getting your product out. Viral videos could be used for all manner of things other than just selling something. For example, a viral video could be used as part of a funding campaign for, say, Amnesty International. Or it could be used to promote awareness of a particular disease like breast cancer.

The possibilities are endless. But, these two videos have been fun to watch.

Can Rape Be A Joke? -- The Follow-Up...

In a follow-up to an earlier post that discussed this particular case and whether or not rape could be a joke, the jury has come back with a verdict. The rape itself might not have been a joke, but it seems that the jury has been convinced that it was accidental. The jury consisted of six men and six women and they took just shy of two hours to reach their verdict of "not guilty".

The prosecutor, Kieran Gilligan, instructed the jury that they must be satisfied that there was penetration, that is was deliberate, that there was no consent, and that Naggs knew that the man was not consenting to any penetration.

The man who claimed that he had been raped was a willing participant in the events and had said something to the effect of "Be gentle. Don't do it too hard." I am guessing that probably sealed it for most of the jurors.

The jury acquitted Naggs and she is free to return to what she has apparently been doing for the past thirteen years, and doing quite well by all accounts.

So, the lesson from this case would seem to be that rape is not a joke, but in a very particular set of circumstances a rape could be accidental and therefore not rape. I think.

Manohara Odelia Pinot -- Part XXI -- Mbah Surip

The passing of Mbah Surip was a real loss to the Indonesian Reggae and Rastafarian community. The story of Mbah Surip is an interesting one because he found fame and fortune late in life. Even more interesting is that he was a street artist who finally made his mark beyond the streets where he plied his trade for the greater part of his 60 years. He has died allegedly of a heart attack.

Mbah Surip's most notable claim to fame was a sing called Tak Gendong. This tune became a bit of a smash hit as a ringtone and is estimated to have generated some IDR 4 billion in royalties for Mbah Surip, which also adds to the success, and ultimately the tragedy, of this story.

However, judging from the title you know this is not going to be a Mbah Surip story alone. Manohara and her mother, Daisy, never ones to miss an opportunity for some self-promotion have expressed their sorrow at Mbah Surip's passing.

Apparently, Mano is distraught and has been crying. Mano was a big fan of Mbah Surip. And, it seems that Mbah Surip was also a bit of a fan of Mano, as it is reported that he had recently visited the set of her sinetron to sing her a song. It appears Mbah Surip was made to wait for hours before getting the opportunity to sing and play his guitar for Mano (which is hardly how one would think a fan would treat a favourite artist).

According to Daisy, "Manohara said he is humble, and she is happy that Mbah Surip was happy at the end of his life." And, "Manohara said that she thought Surip had a special aura and that he was very warm and friendly. Mano cared about him deeply."

The longer I watch the Mano saga unfold, the more questions I have about the sincerity of both mother and daughter.

I attach the YouTube version of Tak Gendong for your viewing pleasure.

Will Meets His Uncle...

Will's mum is behind the camera on this shot. This is most of the Baitons. My sister was at work. With everyone busy it is a real logistical effort trying to get everyone to the same place.

We spent the day out and lunched at the Art Gallery of New South Wales. You can see that Will's uncle is pretty chuffed at finally getting to meet his nephew. I think Will was equally as chuffed about getting to meet his uncle for the first time as well.

More Happy Snappies of Will...

There is no guessing that we are proud parents, is there?

The lucky little fella seems to have scored the best genes from both his parents :D

Manohara Odelia Pinot -- Part XX -- A Claim for IDR 3 Billion

Tengku Fakhry has decided that Manohara and Daisy owe him the equivalent of some IDR 3 billion in money that he has provided to them while he was married to Manohara. This claim has been filed in a Malaysian court.

Daisy, in her usual manner, has dismissed the Prince's claim as not only excessive, but plain wrong. According to her, she does not owe the prince a single penny. Actually, Daisy went a little further and added that she thought the prince was acting like he is a God who thinks he can control any one that he wants.

This would seem to exclude Daisy and Manohara as they managed to escape his clutches and have since shown that they have no fear of the man. Not one to miss an opportunity, Daisy added that so far, the prince's behaviour has been a little erratic and it seems that he does not know what he wants; whether he wants Manohara back as his wife or whether he wants to sue her into oblivion.

It seems that this particular saga still has legs and is looking like I can get a few more posts out of my fascination yet. And, there is always the issue of what is going to happen to Daisy on another legal front related to her abuse of a former maid.

Ain't life grand.

By the way, the photo can be found here. I am not sure whether this is a real photo of her or a photo-shopped one, but it looks like a mobile phone capture to my untrained eye.

Prita Mulyasari -- Judicial Review of the Banten High Court...

I like OC Kaligis. He is a passionate about lawyering and he has contributed lots to Indonesia's ever-expanding mooting community, which is something I am passionate about as well. However, the desire to seek judicial review of the Banten High Court decision that orders the Tangerang District Court to retry the Prita Mulyasari defamation case is a case of barking up the wrong tree.

To be clear, I do not think that this case should have been heard in the first place, civil or criminal, however now that it has, it is an excellent test case and the team from OC Kaligis' law offices would be better to focus on the manner in which they could conceivably contribute to setting an Indonesian legal precedent. Yes, Indonesia is a civil law country and precedents do not play a big part, I have heard it all before. In a civil law country like Indonesia that is trying to forge a strong reliance on the rule of law means that a precedent like the one that is possible in this case would be a significant achievement, particularly for legal and legislation certainty.

The OC Kaligis team in pursuit of "justice" is going to lodge a brief at the Supreme Court to have the Banten High Court's decision judicially reviewed. A very basic and general analysis of Indonesian law would require that the Banten High Court decision include an error in application of the prevailing laws and regulations or there is new evidence that would render the verdict unsustainable if the court had had access to that evidence at the time the decision was made.

The decision of the Banten High Court appears to be on solid legal grounds. It does not appear to have erred in the application of prevailing laws and regulations with regards to the decision handed-down. Without having read the brief, it is hard to see what new evidence might have come to hand that would render the verdict unsustainable. Although, one of the lawyers from the Kaligis team suggested that he hoped the Banten High Court decision was not influenced by factors other than the prevailing facts in the case. So, maybe the infamous court mafia weaved its considerable magic?

Nevertheless, OC Kaligis is doing his job by seeking a judicial review. This is in the sense that a lawyer must explore every possible avenue that is available to their client in the pursuit of not only justice, but to prove their client's innocence. In any event, the Supreme Court has a history of interesting decisions that overturn lower court decisions. So, an appeal to the Supreme Court could be a winner for Kaligis and his team if the are holding the "right" ticket in the lottery.

I have always argued that the best possible outcome for Prita would be to prove that the defamation did not occur. Or, if it did that there are defenses available, specifically that what was contained into the letter to friends that found its way onto several mailing lists was factually correct. Simply, you cannot defame someone or an institution with the truth. The truth is as it is, truth!

You know there will be more on this as it comes to hand.

Affairs and Krazy Glue...

Affairs of the heart, mind, and body can be sticky propositions. There is always the risk of getting caught, and getting caught is where things can become interesting. Some might say that this is also the point where passions and emotions can lead things to go very wrong.

Although, this particular series of events unfolded in Wisconsin in the USA, it is hardly an only in America kind of event. One can imagine this or other equally bizarre, perhaps nasty things, happening anywhere in the world.

However, the most interesting part of the story, or crime, to date is that all of the women who had affairs with the man conspired along with the man's wife to commit this assault.

One of the women, Therese Ziemann lured the man to a motel. The man, obviously thinking he was on a winner with this one, came freely to the motel. He then agreed to be tied up, and this was presumably because there was a sexy massage on offer. Instead, Ziemann SMS-ed her co-conspirators and the man's wife.

Once all the women were on the scene it would have been worth being a fly on the wall as the man was interrogated about his adulterous ways. In the end, it is alleged that Ziemann punched the fella in the face and then proceeded to glue, with Krazy Glue, his adulterous equipment to his stomach (I am sure that some of my readers, particularly the male ones, are thinking "well if it had been me she would have been Krazy Glue-ing it to my chest").

The women then left the motel when the fella started to scream. The man was finally discovered when his screams caught the attention of passers by.

I guess it is better than having the appendage cut off. However, I wonder how one goes about unsticking a Krazy Glue-d penis to one's stomach. What's your reaction if you are the attending paramedic or the doctor in the receiving hospital. I would imagine this would be something that you certainly do not get to see everyday.

The women have all been released on USD 200 bail.

The moral of this story is, "think before you take the plunge as affairs always end in the stickiest of situations" or is it "think with your head or you might find it stuck to your stomach"?