Malaysian rule of law - different strokes for different pokes

Different strokes for different folks.

A certain ex-minister publicly confessed to being the person caught on video committing "carnal intercourse against the order of nature" as defined under Section 377A of the Penal Code, in his case it was oral in nature.

An ex-deputy prime minister was yesterday summoned to court to answer a charge of voluntarily committing "carnal intercourse against the order of nature" which in his case was anal in nature.

The difference between them is that one was charged, while the other wasn't.

One had a report lodged by "his consenting partner" and had consistently denied committing the offense while the other had no report filed against him despite there being concrete evidence in the form of a video recording and a confession of the offense committed.

Strange?

Could it be that, certain folks who claim to uphold our rule of law are more tolerant of certain pokes?

Different strokes for different pokes?

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What does Section 377B of the Penal Code mean? (The SUN, Friday 08-08-08)

THE main difference between Section 377B and 377C of the penal code is the element of consent and the penalties, said Bar Council Criminal Law Committee deputy chairman Rajpal Singh.

"Section 377B (the charge in Anwar's case) is where anyone who voluntarily commits carnal intercourse against the order of nature, which is punishable by jail term which may extend to 20 years, and whipping," said Rajpal.

"Section 377C, on the other hand, is where someone commits carnal intercourse against the order of nature on another person without the consent or against the will of the other person, for instance by putting the other person in fear of death or hurt," said Rajpal.

He said the punishment for 377C is more severe in that there is a minimum jail term of not less than five years, and not more than 20 years, and shall also be liable to whipping.

Rajpal said both sections have to be read in context with Section 377A, which was introduced last year to define "carnal intercourse against the order of nature"

Section 377A defines ‘carnal intercourse against the order of nature’. It means basically, any person who has sexual connections with another by the introduction of the penis into the anus and mouth of the other person, said Rajpal.

Updated: 07:14PM Thu, 07 Aug 2008