PATRIARCHY, VICTIM BLAMING, AND SEXUAL VIOLENCE IN MALAYSIA: A FEMINIST LEGAL ANALYSIS

Abstract

This article explores the relationship between patriarchy and victim blaming in cases of rape and sexual violence. It explores how women’s dependence on, and subordination to men has been used to blame victims in cases of rape and sexual assault. The article will examine how patriarchal norms that are deeply entrenched in existing laws, traditions, religion, and social practices have been used to blame women in cases of rape. The study adopts a qualitative discourse analysis using a feminist lens by examining case law, legislation, academic literature, published reports, and other relevant primary and secondary sources to explore the relationship between patriarchy and victim blaming. It will also explore how victim blaming attitudes have and continue to be used as a tool to absolve the perpetrator from their crimes. The findings demonstrate that patriarchal norms continue to shape legal, social, and institutional responses to rape by reinforcing victim-blaming attitudes, scrutinising women's behaviour and morality, and shifting responsibility away from perpetrators, thereby creating significant barriers to justice for victims of rape and sexual violence. The article concludes by arguing that patriarchal norms can be destructive and obstructive in achieving fairness and justice for victims of rape and sexual violence. Therefore, immediate steps must be taken to address victim-blaming attitudes by propagating more gender equality practices and instilling such practices in all levels of society and state institutions.