Hentikan Rogol: Stop The Rape Of Our Children!

This petition call on the Government  of Malaysia to expand, amend and effectively enforce laws  concerning rape that will  help address sexual violence  in this country, particularly those involving children.

A 15-year old girl gave birth to a child conceived allegedly through the insertion of a semen-smeared finger of a 60-year-old man. This man was acquitted by the Court of Appeal. 

Sadly, this is not an isolated case. In recent years, Malaysia has seen numerous unresolved child sexual assault cases - Ang May Hong, Audrey Melissa George, Nurin Jazlin. Still other cases of sexual violence against children join the long list above - the gang-rape of two girls in Kelantan by a large group of men, the alleged rape of a child in Johor by six soldiers, a 13-year-old girl reportedly raped then assaulted by the alleged rapist's wife.

Police statistics reveal an almost threefold increase in reported rape cases between 2000 and 2009, while Parliament reports that the conviction rate for sexual crimes involving children in 2013 was below 5%, and that in 2012 and 2013, more than 65% of all sexual assault victims were under 18 years of age.

The Malaysian Government is a signatory to the Convention of the Elimination of all Forms of Discrimination against Women (CEDAW) and the Convention of the Rights of the Child (CRC). By signing these conventions, the Government of Malaysia has undertaken to uphold the principles of due diligence when dealing with sexual violence. This includes active preventive measures, protecting victims, effectively prosecuting and punishing perpetrators of such violence, and providing redress for victims and survivors.

We, the undersigned, call on the Government of Malaysia to uphold their obligations under CEDAW and CRC, to make Malaysia a safe place for women and children, free from sexual violence. Here is what can be done to bring about real change:

 1. Amend the Penal Code to expand the definition of rape to include the use of body parts and objects

The present legal definition of rape under Section 375 only includes penile penetration. We call for the legal definition of rape under the Penal Code to be expanded to include penetration using a body part, object, or orally.

2.  Amend the Evidence Act 1950 to enhance  the weight given to children's testimonies and review corroboration rules for sexually abused children

We call for the amendment of Section 146A of the Evidence Act 1950 to enhance the weight given to a child's evidence, and to insert a new section in the Act for new hearsay exceptions in child sexual abuse cases.

3.  Effective exercise of discretion by DPP and Judiciary

We call on DPPs to proffer alternative charges in sexual crimes cases when the facts indicate different offences may have been committed. Further, should the initial charge not be adequately proven, judges should be prepared to convict on a different charge proven by facts. This exercise of discretion should be guided by the principles of justice and substantive equality, to safeguard the rights of victims and survivors of rape and sexual abuse.

4.  Setting up of effective Child Protection Teams in communities

There is an urgent need to have effective Child Protection Teams (CPTs), formed under the Child Act to provide services in the community for children in need of protection. CPTs should consist of representatives from both government and non-government groups and individuals who have expertise in child protection issues. 

5. Strengthen laws under the Child Act 2001 to protect the dignity of sexually abused children

We call for Part 4 Section 15 (2) under the Child Act 2001 to be amended so that on top of existing provisions, no video or any information that reveals the identity of the child concerned or compromises the dignity of the child should be published in any form of print of broadcast media, text messages, emails, blogs, online news portals, social media networks and online publications. We also recommend the establishment of a Media and Broadcast Privacy Council for Children with powers to fine or suspend media publications.

6. Introduce gender equality curriculum in schools

Gender stereotypes and roles contribute to inequality between men and women. This must be addressed as it forms the basis of violence against women and children. As the inculcation of gender stereotypes begins at an early age in society, it is imperative that our schools include a gender equality curriculum to challenge these stereotypes and promote respect for all people, especially women and girls.