A LOOPHOLE in the Penal Code has left police in a bind.
According to Ampang Jaya police chief Assistant Commissioner Amer Awal, masturbation is not prostitution and it is not mentioned in the Penal Code.
That is the reason why police cannot take action against massage parlours offering erotic massages as it is not an offence.
It appears that certain massage parlours are using this loophole in the law to offer ‘hand jobs’ to customers, masquerading under the name of urut batin as highlighted in Weekend Mail.
Amer said police cannot take action against the massage parlour operators without evidence.
“It’s diffi cult to prove whether a masseuse masturbates her customer. When a raiding team enters the cubicle, the masseuse would have quickly covered the customer’s private parts with a towel or something and put her hands on his thigh as if she’s massaging the area.
“So, tell me how are we going to prov.
MASTURBATION is not prostitution and it is not mentioned in the Penal Code, said Ampang Jaya police chief Assistant Commissioner Amer Awal.
That, he said, was also the reason why police cannot act on massage parlours offering erotic massages as it is not an offence.
This loophole probably explains how the massage parlours in Taman Dagang and Pandan Jaya in Ampang were found offering ‘hand jobs’, masquerading under the name of urut batin as highlighted in the Weekend Mail.
“Last month, we conducted 60 checks on massage parlours in Ampang Jaya but we didn’t fi nd such activities.
“We didn’t fi nd condoms, lubricants or other paraphernalia that suggested prostitution activities in the parlours. Police would only check for vice activities,” he said yesterday.
Amer said without proof, police cannot take action against the massage parlours.
“It’s diffi cult to prove whether a masseuse masturbates her customer.
When a raiding team enters the cubicle, the masseuse would have quickly covered the private parts of a customer with a towel or something and put her hands on his thigh as if she’s massaging the area.
“So, tell me how are we going to prove anything?” he asked.
Urut batin is a form of traditional Malay massage that helps the body circulate more blood to the penis while increasing the strength of erections to improve sexual stamina.
However, the ‘shake’ is offered to please the customers during the urut batin session.
“Masturbation is not mentioned in the Penal Code or the regulations outlined by the Ampang Jaya Municipal Council for massage parlour premises’ licence,” he said.
Amer said he would write a letter to MPAJ and inform the council on the goings-on at these parlours based on the undercover reporter’s account published in Weekend Mail.
“I will suggest to them to cancel the licence as obviously, there are immoral activities.
“We had written letters to the council in 2005 and 2006 about the existence of massage parlours that stir the negative perception among the public. But these parlours are still operating.
“If MPAJ cancels the licences of these operators, such activities wouldn’t occur. Or the council can spell out the dos and don’ts in their regulations.
They should consider revising the regulations,” he said.
Amer said he would also write a letter to the Selangor Religious Department so that the religious body could act on the Muslim masseuses and customers.
Weekend Mail had reported on the hanky-panky that went on behind the doors of the parlours after its reporters went undercover to fi nd out more about this business, with one posing as a customer while the other applied for job as a masseuse.
One outlet was a few hundred metres from Ampang Jaya police headquarters while the other was near a Pandan Indah police beat base.
Aside from the usual services such as aromatherapy massages, foot refl exology and ear candling, the parlours also offered the erotic massage.
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IT’S a worthy proposal to consider, but one that must be looked at carefully.
This appears to be the man-in-the-street’s popular view on the proposal by Seputeh Member of Parliament Theresa Kok that a provision on masturbation be inserted in the Penal Code.
Kok was reported to have suggested the inclusion of masturbation and similar act at massage parlours in the Penal Code, so that the police could act on those offering the services.
Otherwise, the police could wash their hands of the issue, as the Penal Code 354 on outraging the modesty of person does not include masturbation.
Here are some views from members of the public.
– P. Annie, 24, marketing executive, Subang Jaya “It ’s our moral values that are at stake. And I strongly agree with the proposal since we do not have any law to condone such ill-valued act, at massage parlours especially. However, it surprises me that the Penal Code doesn’t have any clause on masturbation, since it is considered as some kind of oral sex.” – Nurzalinda Ismail, 32, public relations executive, Petaling Jaya “I think it’s timely. If countries can have laws against oral sex, why not one against masturbation? Anyway, our men like to use the excuse ‘one thing leads to another’ (in the massage parlour), so why not just stop it before it even happens?” l Shenaaz Khan, 30, lawyer, Bangsar “Amending the Penal Code is not the issue, rather the implications and enforcement of the Act that should be considered before hand. It is not easy to apply such new regulations and monitor them, as this thing (offering erotic massage) doesn’t happen in public.
“It is not only about having something in black and white, but enforcing it thoroughly. I don’t agree with an insertion (on masturbation) in the Penal Code because it would be an infringement of freedom and human rights, especially at massage parlours.” l Ong Wee Kiat, 26, auditor, Taman Desa “Since we already have provisions in the Penal Code for prostitution and carnal intercourse, why not make it more comprehensive by including masturbation as well? I think it would be a holistic approach to uphold moral values. ” – Janice Tan, 34, accounts executive, Damansara Jaya “The suggestion is something to be given careful thought. By including a clause on masturbation, I doubt it would stop all masseuses from offering the ‘extra service ’ because they are doing it for the money.
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By KALBANA PERIMBANAYAGAM
SEVERAL issues should be looked into before any decision is made on amending the Penal Code to make erotic massages an offence.
Women’s Development Collective executive director Maria Chin Abdullah said it’s not just about amending the Penal Code, rather how the added provisions could protect the women working in massage parlours.
She was asked to comment on the statement by Seputeh Member of Parliament Theresa Kok yesterday in favour of inserting masturbation as a offence under the Penal Code.
Kok was referring to The Malay Mail’s cover story on Tuesday, which reported that the police could not take action against massage parlours that offered urut batin (masturbation) to their customers as masturbation is not mentioned in the Penal Code.
Kok suggested that masturbation and similar acts be bound to deter immoral activities, at massage parlours in particular.
Maria said: “It ’s not a matter of inserting a new section into the Penal Code, but on how the code will protect the women involved.
In some cases, the women (working in massage parlours) are forced to follow instructions from their customers or the latter might complain to the parlours’ owners. ” Thus, she said the circumstances why some women work in massage parlours also need to be evaluated before deciding on penalising the women.
She added that the empowerment of women is important and at no cost should they be penalised for fulfilling the demand of their employers.
“At the same time, I feel the these masseuses should be made aware of and educated on why they should not to perform such act in the line of their duty, even if it means a higher income.
“Many fail to realise that they can get into trouble with the authorities. Although their act is not an offence under the Penal Code, there are by-laws that can be used against them,” she said.
Muslim Consumers Association project director Noor Nirwandy Mat Noordin said the association is all for inserting masturbation as an offence under the Penal Code as long as this can benefit the public.
He said the action of massage parlours and their masseuses in offering erotic massages can damage the moral fabric of society.
“But I feel the best way to tackle this problem is by first setting up a centre to which the public can forward their views and complaints.
“Then based on the feedback, we can think about the insertion in the Penal Code,” he said.
Salam hormat dari warga Malaysia yang dianggap sebagai melayu dan islam tetapi hakikatnya dirinya hanya seorang bangsa Malaysia yang berketurunan cina.
“It’s diffi cult to prove whether a masseuse masturbates her customer. ”
– a statement like this coming out from our law enforcement expert is really dissappointing. It is easy to tell but I am not going to state here how to tell.
We need a whole new definition of prostituition or just inser a word like “other sexual related services designed to provide pleasure to recepient” then it would include whatever else they can think of.
I just wonder if we can hear the opinion from some “willing service providers” and see what they think of this as an impact to their source of earning because I understand that they do earn little from doing real massage work and force to supplement their income.
by the way, nice catchy title to this post. I realise how funny it reads
Dear YB,
First of all, I want to applaud the professional manner in which you bring up this matter which may be too embarrassing for many men, let alone a lady to mention.
I came across some research that mentioned 90% of the men and more than 50% of the women masturbate. It is a safe and good way to relieve urges, avoid unwanted pregnancy, effective birth control and avoiding risk of STD and AIDS. For women in particular, it may empower them as well.
For men who masturbate, they would naturally feel the urge to do so while being massaged. If a man can destressed with a bit of his hard earned money, it may make him feel physically and mentally better.
I know you are protecting the women who may be forced into this but I suppose many of them are willing to do so. This service is different from prostituition because
1) the women are not required to strip
2) there is no penetration into her
3) very low risk of STD/AIDs (very long odds for contaminated sperm to hit an open wound on her)
I suppose some of the women who do this to want to earn more cash to support themselves and I believe some are divorcee and single mothers. The money they earn from massages is not a lot and this few minutes’ effort can come a long way (no pun intended) to aid her financially.
Really I think there is no victim in this. Rather, imagine a man being hauled up to a police station with sperm stains and wailing woman in toll, that could be devastating for a few minutes of willing buying and selling private matter