Before exploring that issue, let us go through this whats app message received on why Anwar got sent to prison.
Why is Anwar charged and convicted and why Saiful goes free?Ok now ...
Penal Code 377 ‘Unnatural Sex’ Law has seven sections
Of these, four of them (sections 1, 3, 6, and 7) – covering bestiality, non-consensual oral and anal sex, non-consensual vaginal sex by foreign object, and inciting a child to gross indecency,
The three sections that are VOLUNTARY are:
s(2) 377A – Carnal intercourse against the order of natureSexual 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 to be sufficient to constitute the sexual connection necessary to the offence described in this section.Anwar was convicted under 377(B)
s(3) 377B – Committing carnal intercourse against the order of nature
Whoever voluntarily commits carnal intercourse against the order of nature shall be subjected to punishment. (Maximum penalty: 20 years imprisonment, liable to fine and whipping)
s(6) 377D – Gross indecency
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. (Maximum penalty: 2 years imprisonment)
Under sections 377(A) and 377(B) of the Penal Code, anyone who commits “carnal intercourse against the order of nature” by inserting the penis into the mouth or anus of another person is liable to whipping and imprisonment of up to 20 years.
Penetration must also be sufficient to constitute the sexual connection necessary to the offence described in this section.
However, the code only affects the male person who is penetrating another person, while the male or female person whose mouth or anus is penetrated will not be subject to any form of penalty.
Therefore, it is the law that says the POKER will be charged and not the POKED - hence Saiful goes free.
This is because the other person cannot force you to actually insert your object into him or her. The action is only possible if you do it and it is within your control whether you want to do it.
WITHIN YOUR CONTROL - this part is key! You control your OBJECT and where it is pointed and where it is going into.
(One way you can look at it is that if a person ask you to stab him with a knife and kill him. If you actually stabbed and killed him, you are still liable for murder even though the person asked you to do it).
By the way, Section 377 gets used quite a lot more than you think. If you google for "Unnatural sex charge or conviction", you will find that there are lots of cases in the past years.
If some horny bloke had got the permission of his female partner to stick his weiner into her mouth but after not brushing her teeth and wash her mouth for two day, she decided to go to GH and made a she goes to the police to make a report, will that mean the poor horny bloke may end up in Sungai Buloh as Anwar's cellmate?
One former politician and lawyer explained, 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. He explained further that penetration is sufficient to constitute the sexual connection necessary to the offence described in this section.
Going back to the message, the poor POKER could end up getting POKED daily for the next 5 years for that 5 minutes of pleasure!