PETALING JAYA: Section 19 of the Sexual Offences Against Children Act 2017 needs to be enforced to ensure people do not turn a blind eye to such nefarious acts, say the police.
“It is the responsibility of everyone who is aware of the crime to do the right thing,” said Bukit Aman Sexual, Women and Child Investigations Division (D11) principal assistant director Asst Comm Siti Kamsiah Hassan.
“Enforcement of the law is an important element in preventing more children from becoming victims of sexual abuse.
“If it (enforcement) becomes mandatory, Section 19 does not only apply to individuals but also companies such as telecommunications firms.
“For example, we have a victim of this crime, so we request the Internet Protocol (IP) address of the suspect.
“Telcos will then have to comply with the law to provide information on the IP address and the subscriber to the police,” she told The Star in response to the enforcement of Section 19 of the Act be made mandatory.
ACP Siti Kamsiah said enforcement could also be applied to teachers or neighbours who have a duty to report such crimes.
“Society must be aware of the laws as well as ways to help victims,” she added.
Section 19 of the Act (failure to give information) states that “any person who fails to give information of the commission of or the intention of any other person to commit any offence under this Act, or any offence specified in the Schedule where the victim is a child, to the officer in charge of the nearest police station, commits an offence and shall, on conviction, be liable to a fine not exceeding RM5,000.”
Reporting a suspected child sexual abuse case is not a choice but an obligation, said Dr Farah Nini Dusuki, the Children’s Commissioner to the National Human Rights Commission (Suhakam).
“It is crucial for silent witnesses to come forward and report potential cases because victims of sexual abuse often suffer in silence and secrecy – two common enemies of child sexual abuse (cases),” she said.
Noting that informers are protected under Section 116 of the Child Act 2001, she said this should be extended to informers of any offence committed against children.
“Information given is confidential because police, by their official duty, are not allowed to disclose information of matters being investigated,” she added.
Farah Nini said victims tend to remain silent as they may be too young to even know the act perpetrated upon them is wrong, especially when the perpetrator is someone they love or trust.
They may also choose to be silent for fear that speaking up does not guarantee that they would be believed or that further action will be taken, she said.
“Silence because they have been threatened with harmed or warned that their loved ones will be harmed if they tell.
“Secrecy because often they are made to believe that whatever happened is a secret between them and the perpetrator – again, this is because they are very young and do not understand the seriousness of the abuse.
“Secrecy because at times they are rewarded with little gifts and as children, they are innocent and think more of the reward than the act,” she added.
The dynamics of childhood make matters more complicated and complex for child victims, said Farah Nini, adding that the problem is made worse when they have been groomed.
On whether there should be more stringent punishment, such as a jail term, against silent witnesses as Section 19 of the Act only includes a punishment of up to RM5,000 fine, Farah Nini said it may create a backlash.
“This provision (Section 19) is meant to bring cases of child sexual abuse to the attention of the authorities and not meant to be wholly punitive.
“What is more pressing is to ensure the public is aware that there is such a mandate to report if they know of any child being a victim of sexual abuse,” she said.
Farah Nini noted that the laws mandating doctors to provide information have been around since 1991 and expanded in the Child Act in 2001 to cover childcare providers and family members before being revised further in 2016.
However, to date, nobody has been prosecuted for not informing a social welfare officer of any suspected child abuse, she said.
Section 29A of the Child Act also encourages anyone to inform a social welfare officer upon suspicion as well.
“So really there is no excuse not to be the much-needed voice of the child,” she said.
Minister in the Prime Minister’s Department (Law and Institutional Reforms) Datuk Seri Azalina Othman Said, a vocal proponent of the law, has said that in order to curb sexual offences against children, enforcement measures need to be aggressive and firm, including charging those close to the victims like teachers and neighbours who may be aware of such occurrences, under Section 19 of the Act.
