
PETALING JAYA: Women’s organisations are calling for radical reforms to address rape, with proposals including educating social institutions to end rape culture, bolstering support for rape survivors by increasing funding for frontline response, welfare and medical services, and introducing new legislation.
The call comes after police data revealed that rape cases did not go down during the Covid-19 pandemic despite the movement control order being in place. In 2020, 1,378 rape cases were reported, and there were 1,390 cases in 2021 compared to the pre-pandemic figure of 1,453 in 2019.
The figures are likely the tip of the iceberg, as many more women who have been raped do not come forward to lodge police reports, said Association of Women Lawyers (AWL) exco committee member, Meera Samanther.
This is due to factors such as power imbalance between victim and perpetrator, survivor being prevented from seeking help and having little or no access to reporting processes due to their geographic location, especially within rural communities.
Education, gender sensitisation and awareness are crucial to prevent rape and incest, she said.
“Some of the things we can do are to speak out against the normalisation of sexual violence, encourage enthusiastic consent and challenge gender stereotypes and toxic masculinity.
“When a teacher thinks it is okay to make rape jokes in class, like in Ain Husniza’s case; when we romanticise rape such as in the Ombak Rindu movie; and when actors boast about enjoying rape scenes, we normalise rape.
“When family members think they have the right to rape their own kin, that is very disturbing,” she said.
When it comes to children, Meera said, there is a need to educate parents, guardians, teachers and others on recognising the early signs of grooming and sexual behaviour.
Raising awareness among children by educating them about the rights they have in relation to their own bodies, what is unacceptable behaviour by others towards them, and teaching them to respect each other is also important, she said.
Meanwhile, at the government level, policies, directives and any initiatives dealing with sexual violence must take into account factors like rape culture, sexism and gender-based violence as well as their causes, she said.
“We also need to improve existing laws. It is not enough to simply criminalise rape or incest, we must also improve access to justice for survivors,” Meera said.
“This includes clarifying what consent means, preventing discriminatory evidential burdens such as victim-blaming and shaming as well as recognising other forms of rape.”
It would also be useful to focus on enforcement resources, including training personnel involved in handling rape cases and ensuring that uniform, gender-sensitive procedures and protocols are not only in place but also effectively implemented when rape and incest are reported, she said.
Meera also suggested setting up more specialist courts and training case handlers who can support survivors of incest and rape through the often long and traumatic process due to the high burden of proof that is required, and which often contributes to the low conviction rates.
While legislation to address rape exists, enforcement is needed, Meera said.
Legislation to criminalise stalking, sexual harassment and marital rape must also be introduced, she said, adding that more stringent punishment should also be imposed on incest perpetrators.
Sisters in Islam (SIS) communications officer Aleza Othman said education is a major factor in addressing and raising awareness of issues such as rape, incest and sexual abuse.
Hence, comprehensive sexuality education (CSE) must be taught at all schools and educational institutions, she said.
But there is a general stigma that CSE encourages consensual casual sex; this belief is wrong, said Aleza.
“It is important to note that CSE comprises knowledge of bodily autonomy, healthy relationships, safe sex, contraceptives, sexually transmitted diseases and more.
“CSE can also help in promoting positive masculinity and countering messages about toxic masculinity that encourages male sexual dominance that often leads to exploitation and violence,” she said.
Besides education in school, social institutions such as families play a crucial role, she added.
Parents can create a positive and protective environment for their children by encouraging open communication and teaching conflict resolution and how to handle emotions in a healthy way, she said.
Schools must also provide a safe environment for students and teachers by monitoring and creating an environment where all types of harassment and violence are not tolerated. Schools must also encourage students to speak up against any forms of violence if they experience it, she added.
Workplaces and organisations must also create a positive and protective environment whereby not only employees are protected against any types of harassment, violence and abuse but they also feel safe to report any misconduct against them, she said.
Laws and policies to protect women and children must be accompanied by serious and thorough enforcement and implementation.
“There must be sufficient resources and budgets allocated for personnel and training of enforcement agencies,” she said.
The definition of rape should be extended to include marital rape, Aleza stressed.
“Marital rape must be made a crime as it is the act of non-consensual sex between a husband and wife,” she said.
Friends of Women Selangor executive director Irene Xavier said that to curb rape cases, gender education must be done in schools, and the media should take on educating the public.
Xavier also said gender sensitive legislation is lacking in Malaysia while prosecution of violent sexual cases is difficult for women to go through.
“We need a Gender Discrimination Act,” she said.
Women’s Aid Organisation (WAO) deputy executive director Yu Ren Chung said the government must ensure frontline response services are funded adequately.
While Budget 2022 included a RM13mil allocation for the police’s Sexual, Women and Children Crime Investigation Division (D11), Yu said there is a need to also fund welfare and medical services for rape survivors.
“We hope Budget 2023 addresses this.
“We need to increase the number of social workers threefold and also ensure that one-stop crisis centres (OSCCs) in public hospitals receive earmarked funding,” he said.
Those who have experienced sexual violence or know someone who has can contact WAO at 03-3000 8858 or 018-988 8058 for advice and support, Yu said.
“They can also lodge a police report and seek medical help from OSCCs in public hospitals,” he added.
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