A) Rape

Section 375 of the Penal Code

Under Section 375 of the Penal Code in Malaysia, a man is said to commit ‘rape’ who:
  • Has sexual intercourse with a woman against her will, without her consent.
  • With her consent by putting her in fear of death or hurt.
  • With her consent by way of deception.
  • With her consent that she is unable to understand the nature and consequences of her consent.
  • With or without her consent when she is under 16 years of age.
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B) Child Sexual Abuse

In Malaysia, according to law, “rape” is the insertion of the penis into a vagina against the will of the victim.
 
Unfortunately, sexual assault is not just limited to rape with that definition. However, it is important that action be taken to report any sexual assault or molestation as the abuser can be charged with other laws. 
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Child sexual abuse:
  • The inducement or coercion of a child to engage in any sexual activity.
  • The use of a child in prostitution or other sexual practices.
  • The exploitative use of children in pornographic performances and materials.
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Section 31(1)(b) of the Child Act 2001

Any person who, being a person having the care of a child sexually abuses the child or causes or permits him to be so abused, commits an offence and shall on conviction be liable to a fine not exceeding twenty thousand ringgit (RM20,000) or to imprisonment for a term not exceeding ten years or to both.
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C) Child Prostitution

Section 43 of the Child Act 2001

Under the Act, those who have found to prostituting a child will be either fined not more than RM50,000 or face jail term between 3 to 15 years, or both. The offender also will get whipping of 6 strokes while imprisonment.

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D) Incest

Section 376A of the Penal Code

In Malaysia, Section 376A of the Penal Code states that a person is said to commit incest if he or she has sexual intercourse with another person whose relationship to him or her is such that he or she is not permitted, under the law, religion, custom or usage applicable to him or her, to marry that other person. For example, sexual assault or abuse between grandfather/father/stepfather/uncle and daughter/stepdaughter/niece.
 
Punishment: Imprisonment for a term of not less than ten years and not more than thirty years, and shall also be liable to whipping.
 
What should you do if you have been sexually assaulted?
  • Do not wash or shower. Although your first instinct is to clean yourself, you will lose important evidence like body hair or seminal fluid.
  • Go immediately to the Emergency Department (Jabatan Kecemasan) at a public hospital. The doctor will examine you and your genital area. You will be asked to fill a form for permission for information to be used for a police report.
  • If you go to a police station first, a female police officer will take your report and accompany you to the hospital. You may be requested to identify the assaulter.
  • If you are unsure what to do, or need counseling, call a friend or someone your trust. You can also call Talian NUR 15999 or the following women's organizations:
    • Women's Aid Organisation (WAO) hotline: 03-79563488 ; Whatsapp/SMS: 018-9888058
    • PS The Children hotline: 03-79574344
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