Penal Code Section 375
375. A man is said to commit “rape” who, except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the following descriptions:
(a) against her will;
(b) without her consent;
(c) with her consent, when her consent has been obtained by putting her in fear of death or hurt to herself or any other person, or obtained under a misconception of fact and the man knows or has reason to believe that the consent was given in consequence of such misconception;
(d) with her consent, when the man knows that he is not her husband, and her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married or to whom she would consent;
(e) with her consent, when, at the time of giving such consent, she is unable to understand the nature and consequences of that to which she gives consent;
(f) with her consent, when the consent is obtained by using his position of authority over her or because of professional relationship or other relationship of trust in relation to her;
(g) with or without her consent, when she is under sixteen years of age.
Explanation—Penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape.
Exception—Sexual intercourse by a man with his own wife by a marriage which is valid under any written law for the time being in force, or is recognized in Malaysia as valid, is not rape.
Explanation 1—A woman—
(a) living separately from her husband under a decree of judicial separation or a decree nisi not made absolute; or
(b) who has obtained an injunction restraining her husband from having sexual intercourse with her,
shall be deemed not to be his wife for the purposes of this section.
Explanation 2—A Muslim woman living separately from her husband during the period of ‘iddah, which shall be calculated in accordance with Hukum Syara’, shall be deemed not to be his wife for the purposes of this section.
Please refer to the Attorney General's Chamber of Malaysia's website for the latest law.