(*Warning Very Very Punny)
The High Court had ruled yesterday that a woman has been cleared of six charges of sexual penetration of a minor after ruling that only a man can be guilty of the offence.
This case is not just saucy, but legally interesting.
On the surface, it seems true that only a man could be charged because only he has a sexual organ that is capable of penetration.
But, if one looks deeper (pardon the pun) into the case, we will realise that the plaintiff, Ms Zunika Ahmad, had penetrated underage girls with external aids (i.e your guess is as good as mine).
The Penal Code
It seemed that Ms Zunika should be deemed guilty because she did penetrate the girls (but not with her organ).
HOWEVER, Section 376A(1)(b) of the penal code cannot cover women as offenders.
The provision states that “any person (A) who sexually penetrates, with a part of A’s body (other than A’s penis) or anything else”, a person under the age of 16 is guilty of an offence.
Justice Kan said that A cannot be a woman because this person A has a penis and a woman doesn’t have one.
See the problem now.
He went on to say that if a court were to interpret that A to include a woman, then it would be rewriting the law.
Justice Kan also said that the “better course” was to leave it to the legislature to amend the provision to include a woman.
Wow, wonder who in Parliament will this ‘arrow’ penetrates.He/She will will no doubt have to address the tricky and sensitive arguments of nature vs nuture, born a woman but grew up as a man, science and technology etc, etc
Oh well, we shall just leave it to Parliament to decide if a woman can or cannot penetrate under the new provision.
This incident got us curious, besides Section 376A(1)(b), what do the other sections cover?
Referring to the statutes, one can see that Section 375 to 377D covers sexual offences. Here are some offences one have to be wary of, if one ever decides to be sexually experimental/courageous?
Section 377: Sexual penetration of a corpse. Wow, how does one find a corpse? A dead friend/relative who just passed away or rob the morgue?
Section 377B: Sexual penetration with living animal. Animal lovers remember, your pet chiwawa/goldfish/terrapins/rabbits/hamsters are not your food and more importantly, you can’t copulate with them even if you love them so so much that you want to fuse into one with them. No.
In conclusion people- Continue to enjoy yourself and enjoy the things you love to do with others.(Whatever rocks your boat)….. But remember, check the statutes before you get creative.