LawEddie.com

Last week, a 30-year old Malaysian female teacher sued her husband (businessman) for RM2 million over lost of virginity.

She said they knew each other in 2006 and after few month of courtship, they decided to get married and on that night they were having sex in a hotel, which was her first sexual experience with man.

Thereafter they have completed the civil marriage. However, the relationship was broken due to her parent-in-law’s objection. This has procured her husband to be in breach the contract of marriage on the ground of misrepresentation and false promise.

She now seek the court to annul the marriage and named her husband as 1st defendant and the parent-in-law as 2nd and 3rd defendant respectively as she claimed that the parent-in-law caused her to suffer mental tortune and humiliation.

This case has received 3 interesting comments from 2 lawyers which were found in the Malaysian Bar website:-

1st comment:

“pass me the template, please
written by Nik Elin Zurina Bt Nik Abdul Rashid, 03 April, 2008 at 04:36 pm

Please let me have a copy (if possible, a soft copy) of the Writ of Summons that was filed. I need to use it as a template for all my potential clients who would be suing their “first sexual encounter partner” for loss of virginity. This would be a good precedent to follow.

What remains unclear is : Did the husband not pay any consideration for the virginity? I think his defence would be, “the plaintiff enjoyed the ride” or “the defendant was merely putting his tools to test on the suitability of the vehicle that he intended to acquire – it was a test drive”. ”

2nd commnet:

“Will this suit open to floodgate of litigation?
written by Tong Kuan Ling, 03 April, 2008 at 06:13 pm

Will this suit open to floodgate of litigation in the event that the relationship of the unmarried couple has broken down or another remedy for an unmarried couple to claim damages against each other which the same is similar to a divorce proceeding?

Can a male plaintiff claim damages on the same ground against the female defendant?

And what are the evidence for the male plaintiff to prove that he has lost his virginity?
 ”

3rd comment:

“LOST VIRGINITY 4 TIMES
written by Nik Elin Zurina Bt Nik Abdul Rashid, 03 April, 2008 at 09:18 pm

Since my earlier posting, I have been inundated with phone calls and emails from friends who have read the bar website but are unable to comment as they are not members. They have asked me to represent them. And one guy actually asked that I please file 4 suits against their “FIRST” sexual encounter partners. I asked why 4 suits? He says that they were encounters of a different kind and he lost HIS virginity in 4 different ways.

One asked me, HOW MUCH THE PRICE FOR HIS VIRGINITY…

Oooooo… I think I am going to be mega rich as a Virginity lawyer. Some have even applied to be Virgin testers to verify the authencity of the claim. “

I would think that usually the court is very careful when making award in relation to general damages, e.g. compensation for pain and suffering. The court will always refer to precedent cases as a reference in deciding the amount. So, anyone know who has ever succeeded in claiming for lost of virginity?

Anyway, what is is your comment then? 

For more reports about this case please visit:

http://www.elawyer.com.my/blog/2008/04/04/can-you-claim-for-lost-of-virginity/

http://www.theborneopost.com/?p=33438

http://thestar.com.my/news/story.asp?file=/2008/4/4/courts/20848211&sec=courts

http://www.nst.com.my/Current_News/NST/Thursday/NewsBreak/20080403155204/Article/index_html