PETALING JAYA: When it comes to sexual crimes or assaults, the focus should be on prevention and not what the victim could have done, says an expert group.
Association of Women Lawyers vice-president Denise Lim said in the case involving a female e-hailing passenger, whether she could have “avoided” the situation was entirely irrelevant.
“Instead, the simple point is that the driver should have not done what he did. The very question of ‘what could the woman have done differently’ reveals the problem.
“The answer is ‘nothing’ because if the perpetrator intends to act, the victim cannot control that,” Lim said.
She said it was more important that safeguards, accountability mechanisms and preventive measures be put in place to stop sexual harassment.
Lim was responding to allegations that a female passenger was sexually harassed by an e-hailing driver in Johor.
On legal action that can be taken, she said police could charge the driver under Section 354 of the Penal Code for assault or use of criminal force with intent to outrage the modesty of the woman.
She said the female passenger could also initiate civil action against the driver under the Anti-Sexual Harassment Act 2022, and seek to hold the company accountable for the incident, depending on the circumstances.
Women’s Aid Organisation executive director Nazreen Nizam said the real responsibility was on men not to harass, violate or abuse, and with society to stop excusing such behaviour.
“What is urgently needed are stronger systems of prevention and accountability – including strict screening and monitoring of drivers, mandatory gender-sensitivity training, clear reporting and response mechanisms and swift enforcement when misconduct occurs.
“Platforms and regulators must prioritise passenger safety through stronger safeguards, not reactive apologies after harm is done.
“The question is not what women should do differently, but why perpetrators feel entitled to act this way, and what institutions must do to ensure such violence is prevented and punished,” she said.
Nazreen said prevention requires collective responsibility, adding that men must be active allies in creating environments where women were safe and supported, not judged or blamed.
While this incident reinforces the very real fear many women experience, it is important that we do not normalise the idea that women are inherently unsafe simply by existing in public or private spaces.
Women Leadership Foundation (WLF) founder and chairperson Datuk Dr Hafsah Hashim said women should not be made to feel that their freedom of movement must be at the cost of constant fear.
“The issue here is not women’s choices or presence – it is the persistence of harmful behaviour, weak deterrence and gaps in accountability.
“While responsibility always lies squarely with the perpetrator, we also recognise the importance of empowering women with practical measures to reduce risk and respond when something feels unsafe.
“This includes trusting one’s instincts, using in-app safety features, sharing live locations with trusted contacts, and reporting incidents as early as possible.
“At WLF, we believe that protecting women is not about restricting women’s freedom or choices. It is about raising the standard of behaviour, strengthening accountability, and creating a culture where respect and safety are non-negotiable,” she said.
Following the incident, the company concerned has apologised stating it was deeply sorry over the incident and acknowledged the seriousness of the matter.
Transport Minister Anthony Loke had instructed the Road Transport Department to revoke the Public Service Vehicle licence of the e-hailing driver involved.
