Child sexual abuse is a grave issue that has garnered increasing attention globally, and Malaysia is no exception. It covers an extensive spectrum of abuse or violations, including physical, sexual, psychological, and financial, directed at individuals below the age of eighteen. The prevalence of child sexual abuse in Malaysia reflects a disconcerting veracity that necessitates exigent and far-reaching interventions. Child sexual abuse is defined by the World Health Organization (“WHO”) as “the involvement of a child in sexual activity that he or she does not fully comprehend and is unable to give informed consent to, or for which the child is not developmentally prepared, or else that violate the laws or social taboos of society.”1
Child sexual abuse in Malaysia, as in many countries, is often underreported due to the stigma, fear, and shame associated with it. It is also believed that voluminous cases of child sexual abuse remain unreported because young victims often do not comprehend that they have been assaulted or abused and, as a result, do not inform their parents or guardians about the horrific crime. Conversely, available data and reports from various organizations and government bodies paint a disturbing depiction. According to the Bukit Aman Women and Children Sexual Crime Investigation Division, it has discovered that a total of 18,326 cases implicating child victims of sexual crimes were recorded from 2018 to November 2023.2 This number likely represents only a fraction of the actual cases, as many incidents go unreported. This is also portrayed in the recent news on May 21, 2024, where a man is charged with sexually assaulting two 12-year-old adolescents.3
The impact of child sexual abuse on victims is profound and enduring. Studies found that the victims of sexual abuse are traumatized greatly in life compared to other types of child abuse.4 It can result in severe psychological, emotional, and physical trauma. Victims may develop depression, anxiety, post-traumatic stress disorder (“PTSD”), and struggle to form healthy relationships. A study also provides that anxiety and acute stress disorders were even more strongly associated with child sexual abuse than the major affective disorders.5 Moreover, the stigma and shame associated with the abuse can impede their educational and professional progress, trapping them in cycles of poverty and social isolation.
The Malaysian government has made progress in tackling child sexual abuse through various legislative measures and awareness campaigns. A notable advancement was the enactment of the Sexual Offences Against Children Act 2017 (“the Act”), which offers more extensive legal protection for children. Section 14 of the Act provides a comprehensive means and punishment for such offences whereas the section reads:
“Physical sexual assault on a child
14. Any person who, for sexual purposes—
(a) touches any part of the body of a child;
(b) makes a child touch any part of the body of such person or of any other person;
(c) makes a child touch any part of the child’s own body; or
(d) does any other acts that involve physical contact with a child without sexual intercourse,
commits an offence and shall, on conviction, be punished with imprisonment for a term not exceeding twenty years and shall also be liable to whipping.”
The implementation of the Act can be seen in the recent case decided by the Sessions Court in Raja Nurnasri bin Raja Kamaruzaman v Public Prosecutor where the accused who was a teacher was sentenced to twelve years (12) imprisonment and two strokes for sexually assaulting a 15-year-old victim who was a student in the accused’s school. It is interesting to note in this case that the court did not inquire or demand any medical report or psychiatrist report to establish the crime against the perpetrator. The court likewise ruled that the need did not arise as the mental state of the victim was never an issue and further the sexual assault suffered by the victim did not require a doctor’s finding as it only involved the accused touching the victim for sexual purposes as clearly established during prosecution.
The Department of Social Welfare in Malaysia also plays a role in offering shelters for children who are victims of abuse, with referrals coming from various sources such as the police, private and public medical centres or hospitals, schools, citizens, childcare centres, non-governmental organizations (“NGOs”), the media, the court, or through Talian Kasih, a hotline managed by the Ministry of Women, Family, and Community Development. Children represented by their guardians or parents can also report any form of abuse specifically if it is a sexual assault to Childline Malaysia by calling 15999. It is crucial for law enforcement agencies to receive proper training to handle child sexual abuse cases with sensitivity and effectiveness. Any form of negligence or corruption that obstructs justice must not be tolerated.
In conclusion, the prevalence of child sexual abuse in Malaysia is a critical issue that demands immediate and sustained action. By addressing the root causes, enhancing legal and support frameworks, and fostering a culture of awareness and openness, Malaysia can make significant strides in protecting its children from sexual abuse. Every child deserves a safe and nurturing environment, and it is the collective responsibility of society to ensure this fundamental right.
[1] World Health Organization. “Geneva: World Health Organization, Child Sexual abuse”. (2003) [Last accessed on 25 Oct 2016]. “Child sexual abuse. Guidelines for medicolegal care for victims of sexual violence”. Available from: Whqlibdoc.who.int/publications/2004/924154628x.pdf.
[2] Qirana Nabilla Mohd Rashidi. “More than 18,000 child abuse cases recorded”. the Sun. (March 5, 2024).
[3] Bernama. “Man charged with sexually assaulting 12-year-old girls”. Free Malaysia Today. (March 21, 2024).
[4] Azliza Othman & Wan Ahmad Jaafar Wan Yahaya. “A Preliminary Investigation: Children’s Awareness of Child Sexual Abuse in Malaysia”. International Journal of Social Science and Humanity, Vol. 2, No. 3, May 2012
[5] [2023] MLJU 1821
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