Sexual Offences Against Children Act 2017
| Sexual Offences Against Children Act 2017 | |
|---|---|
 | |
| Parliament of Malaysia | |
| |
| Citation | Act 792 |
| Territorial extent | Malaysia |
| Passed by | Dewan Rakyat |
| Passed | 4 April 2017 |
| Passed by | Dewan Negara |
| Passed | 18 April 2017 |
| Royal assent | 22 May 2017 |
| Commenced | 10 July 2017 |
| Effective | 10 July 2017 |
| Administered by | Ministry of Women, Family and Community Development |
| Legislative history | |
| First chamber: Dewan Rakyat | |
| Bill title | Sexual Offences Against Children Bill 2017 |
| Bill citation | D.R. 6/2017 |
| Introduced by | Azalina Othman Said, Minister in the Prime Minister's Department |
| First reading | 28 March 2017 |
| Second reading | 3 April 2017 |
| Third reading | 4 April 2017 |
| Amended by | |
| Sexual Offences Against Children (Amendment) Act 2023 | |
| Keywords | |
| child sexual abuse, child protection, sexual grooming, child sexual abuse material | |
| Status: In force | |
The Sexual Offences Against Children Act 2017 (Malay: Akta Kesalahan-Kesalahan Seksual Terhadap Kanak-Kanak 2017; abbreviated SOACA) is a Malaysian law enacted to address various sexual crimes against children. The Act supplements existing legal frameworks by criminalising specific offences such as child pornography, child grooming, and sexual assault against children.[1] It also establishes mechanisms for prosecuting offenders while protecting and supporting child victims.[2] The Act came into force on 10 July 2017, following calls for more robust legislation to safeguard children from sexual exploitation.[3][4]
Background
[edit]The Sexual Offences Against Children Act 2017 (SOACA) was introduced in response to high-profile cases, such as the abuses committed by British national Richard Huckle. The Act criminalises a range of offences, including child pornography and sexual grooming, and aims to protect children from various forms of exploitation. However, concerns have been raised about inconsistencies in the definitions of certain offences, which may impact the effective application of the law in legal proceedings.[5]
In 2023, the Act was amended to address these gaps, particularly by replacing the term "child pornography" with "child sexual abuse material," reflecting a shift toward clearer and more internationally recognized terminology. The amendment also expanded the scope of SOACA by introducing provisions for sexual performance by a child and sexual extortion of a child, broadening the Act’s coverage to include newer forms of exploitation that have emerged in digital and social contexts. Additionally, SOACA's extraterritorial jurisdiction was reinforced, allowing Malaysia to prosecute offences committed against Malaysian children by individuals located abroad.[6]
Structure
[edit]The Sexual Offences Against Children Act 2017 consists of 7 parts and 24 sections (including 1 amendment):[2]
- Part I: Preliminary – Provides definitions, including what constitutes a child (under 18 years old) and establishes the extraterritorial jurisdiction of the Act.
- Part II: Offenses Relating to Child Pornography – Initially covering the making, distribution, possession, and access of child pornography, the Act was amended in 2023 to adopt the term "child sexual abuse material." The amendment also introduced new provisions addressing sexual performance by a child and sexual extortion of a child, expanding the scope of the Act to criminalize forms of exploitation that may arise in digital and social media contexts, where children can be coerced or manipulated into participation.
- Part III: Offenses Relating to Child Grooming – Criminalizes sexual communication with children and the act of meeting a child after grooming with the intent of committing an offence.
- Part IV: Offenses Relating to Sexual Assault – Addresses both physical and non-physical sexual assault against children, excluding rape which is covered under the Penal Code.
- Part V: Persons in a Relationship of Trust – Prescribes additional penalties for offenders in positions of trust, such as parents, teachers, or guardians.
- Part VI: Capacity and Evidence of Child Witness – Allows the testimony of child witnesses without the requirement of corroboration and presumes the competence of child witnesses.
- Part VII: Miscellaneous – Alongside administrative provisions, the 2023 amendment clarified SOACA's extraterritorial jurisdiction. This jurisdictional emphasis is especially relevant in cases of online exploitation, where offenders may operate from different countries. The amendment facilitates cooperation in cross-border cases.
Challenges and criticisms
[edit]While SOACA is a pioneering step in addressing child sexual abuse, several areas for improvement remain. Critics argue that the Act’s primary focus on sexual offences overlooks other forms of child abuse, such as physical and emotional harm. Further, although the Act introduces frameworks to combat child grooming and sexual abuse material online, enforcing these provisions has proven challenging. Enforcement agencies report a lack of resources and specialized training, as well as legal challenges in addressing cross-border digital offences, which hinders effective monitoring and prosecution.[4]
Although the Act presumes the competence of child victims to testify, some legal experts argue that courts' discretionary power in assessing competency could lead to inconsistencies in the judicial process. In addition, there is a lack of financial support and long-term rehabilitation programs for victims, which many advocates argue are necessary to address the lasting psychological and emotional impact of abuse.[7] The 2023 amendment, which adjusted terminology and added specific provisions, illustrates a responsiveness to evolving societal norms and legal standards. Still, the effectiveness of SOACA will depend on addressing the identified challenges in enforcement, judicial consistency, and victim support.[3]
References
[edit]- ^ Sabarudding, Ilham (2022). "Aspects of Criminal Law Against Child Predators in Malaysia". Journal of Judikaltura. 1 (1): 167–181. doi:10.61963/jkt.v1i1.20.
- ^ a b Parliament of Malaysia (2017). Sexual Offences Against Children Act 2017. Kuala Lumpur: Percetakan Nasional Malaysia Berhad.
- ^ a b Abdul Jumaat, Mahmud (2023). "SWOT Analysis on Child Sexual Abuse Framework Under Malaysia's Sexual Offences Against Children Act 2017". INSAF. 40 (1): 12–27.
- ^ a b Cooray, Manique; Jamaluddin, Siti Zaharah; Tahir, Zulazhar (2020). "Violence and Sexual Offences Against Children in Malaysia: Searching for the Right Approach". International Journal of Business and Society. 21 (S1): 152–164.
- ^ Rosli, Najwa; Ahmad Zubaidi, Nabilah Hani; Dusuki, Farah Nini (2020). "Regulating the Protection and Rehabilitation of Victims of Internet Child Pornography in Malaysia". International Journal of Academic Research in Business and Social Sciences. 10 (6): 30–44.
- ^ Hariati Ibrahim @ Musa; Aliff Rahimi Abd Rahim; Mohd Luqman Hakim Azlan; Muhammad Hadif Mohd Hamdan; Muhammad Zaki Mohd Zahid (2023). "A Study on the Effectiveness of Malaysian Legal Framework on Sexual Offences against Children to Curb the Paedophilia Activities in Malaysia". Journal of Judikaltura. 2 (2): 210–223.
- ^ Subramaniam, Mageswary Siva; Pachappan, Hashvini Rekha (2019). "Corroboration Rules in Malaysia: A Brief Review on the Impact of the Sexual Offences Against Children Act 2017". Legal Network Series. 1: cxviii.
External links
[edit]- Sexual Offences Against Children Act 2017
This article incorporates text from this source, which is in the public domain. - Sexual Offences Against Children (Amendment) Bill 2023 This article incorporates text from this source, which is in the public domain.
