The government must address several important issues regarding the crime of incest before amending the Penal Code, said an opposition politician today.

DAP national publicity bureau secretary Gobind Singh Deo said the definition of incest must be made clear.

According to Gobind, the ordinary definition of incest, as stated by the Oxford dictionary, is "sexual intercourse between persons regarded too closely related to marry".

"It is clear that such a definition is too vague and may lead to endless debates as to whom would fall into such a category," he said.

Gobind, who is also a practising lawyer, explained that in England the law specifically outlines the relationship which amounts to incest.

"The Sexual Offences Act 1956 states quite clearly that it is an offence for a man to have sexual intercourse with a woman whom he knows to be his granddaughter, daughter, sister, half-sister and mother," he explained.

"This safeguard is necessary as in our society, it is not uncommon that extended families include those wherein the father has more than one wife and children with them."

Yesterday, Minister in the Prime Minister Department Rais Yatim said the Penal Code will be amended to consider incest as a separate crime from other forms of rape.

Currently incest cases are being dealt with under Section 376 of the Penal Code, which specify the punishment for rape.

Rais announced that in the proposed amendment, which is expected to be tabled in the current parliamentary seating, those found guilty of incest will be face a prison sentence of between six and 20 years, and mandatory whipping.

The current punishment for incest, which falls under rape, is between five and 20 years imprisonment and whipping.

There has been growing concern on incest in the past few years. In 1998, there were 205 reported incest cases, 184 in 1999, 136 cases last year and 73 cases up till May this year.

Women liable to be charged

According to Gobind, the English statute also makes it illegal for women of the age 16 and above to allow a man whom she knows to be her grandfather, father, brother, half-brother or son, to have sexual intercourse with her with her consent.

"Thus, incest is an offence for which both the man and woman involved can be charged and convicted," he said.

The DAP leader explained that this issue must be considered by the government because the existing law on rape merely deals with the prohibition against sexual intercourse against the will of the victim, and thus an offence to men alone.

Under Section 375 of the Penal Code, only men are considered to have the ability to rape.

"The offence of incest deals with the prohibition of a larger social wrong, namely sexual relations between two closely related persons, whether man or woman," Gobind said.

The lawyer-politician also urged the government to seriously consider the situation of which closely related persons engaging in sexual activity short of sexual intercourse such as molest and unnatural sex.

"The area proposed to be looked into most certainly deserves discussion and study as the ultimate amendment must reflect the proper wrong that we Malaysians really hope to deter in future," said Gobind.