KUCHING: Attorney-General (AG) Tommy Thomas defending the ‘No Further Action’ (NFA) order with regard to the case where a minor was allegedly sexually assaulted by three older students at a tahfiz school in Ipoh has been described as utterly shocking and
unacceptable.
The All Women’s Action Society (Awam) said it stood firmly with Human Rights Commission of Malaysia (Suhakam) child commissioner Datuk Noor Aziah Mohd Awal and Women’s Aid Organisation (WAO) in holding the AG accountable for his decision.
This is given that Magistrate Mohammad Afifi Mohammad Deen had already established that an offence had taken place under Section 377E of the Penal Code and Section 14(a) of the Sexual Offences Against Children Act 2017.
Awam in a media statement issued in Selangor yesterday urged the AG to study the allegations made by the aggrieved mother of the victim with regard to lack of identified suspects, missing reports on the
psychological evaluations and more.
Its manager for programmes and operations, Nisha Sabanayagam, said should the mother’s claims be found to be valid, the AG should pursue the case to its conclusion and hold the alleged perpetrators accountable.
“It is a crime unto itself when a perpetrator is let go because someone got the paperwork wrong. Think of the message that we are sending to sexual harassers, rapists and
predators,” she said.
She believed the role of the AG went beyond the mere persecution of cases but to uphold justice and the rights of the citizens under the constitution and the law.
This also meant that the A-G should respect Malaysia’s commitment under the Convention of the Rights of the Child (CRC).
Article 34 of the CRC clearly outlines the government and its agencies’ obligation to “protect the child from all forms of sexual exploitation and sexual abuse”.
However, she said Awam also firmly believed that it was also the responsibility of members of society to keep the country safe for children.
“Every day, adults miss real opportunities to prevent child sexual abuse because of misinformation and confusing stereotypes about sexual abuse.”
Nisha said in 2018, there were four reported cases of Child Sexual Assault (CSA) perpetrated by a tahfiz school teacher, principal, worker and ustaz.
“This goes to show that sexual assault can happen anywhere, including places of worship and education.
“Schools, especially religious schools, can potentially enable sexual exploitation of children because of the unique intersections of unequal power dynamics between student and teacher,” she said.
She noted that teachers also had the privilege of being seen as models of society, adding, “This privilege, when exploited, coupled with the vulnerability of victims easily enables predators to perform acts of violations against the students, and get away with it.”
She said there had been an alarming increasing trend in sexual and gender-based violence (SGBV) cases involving minors.
In 2016, the statistics involving victims below 18 years of age stood at 1,358 for rape, 673 for outrage of modesty, 40 for sexual harassment and 193 cases on incest.
In the following year, the statistics were 1,257 for rape, 453 for outrage of modesty, 21 on sexual harassment and 253 cases on incest.
In September this year alone, through its free legal information and counseling services, she said Awam had received four cases of SGBV against minors (below 18 years old) – two cases which involved children below the age of 12.
“When are we going to seriously acknowledge the widespread sexual abuse of children that is thriving in this country?” Nisha asked.
She said while the AG had the legal responsibility avenues were explored, properly and correctly, to protect the rights of the child, the government played a larger role in
addressing CSA.
“The Education Ministry, Health and the Ministry of Women Ministry, Social Welfare and Community Development must look into the incorporation of Comprehensive Sexual Education (CSE) in the school syllabus for children as young as seven years old.
“Children need to be aware that adults cannot violate them. Children also need to know where to turn to for help should such a case of violation occurs.
“When sexual abuse occurs in childhood it can hinder normal social growth. Childhood sexual abuse has been correlated with higher levels of depression, guilt, shame, self-blame, eating disorders, somatic concerns, anxiety, dissociative patterns, repression, denial, sexual problems, and relationship problems.
“It is not just one person who is affected, but the people around that child as well.
“This case is not a one off case. The abuse of children is a societal problem that needs to be seriously addressed. Why are they so many cases of abuse? Why do people feel that it is ok to take advantage of a child? Are our laws not effective enough? Are Malaysians unaware that children have rights too and cannot be taken advantage of?”
