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, which underscored the urgent need for a dedicated legal framework to address child sexual exploitation in Malaysia. The Act criminalises a range of offences, including child pornography and sexual grooming, and is considered a significant step towards protecting children. 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]
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 – Covers the making, distribution, possession, and access of child pornography, outlining penalties for each offence.
- 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 – Includes provisions for reporting obligations, rehabilitation for offenders, police supervision, and other administrative details.
Challenges and criticisms
[edit]SOACA has faced criticism for focusing primarily on sexual offences, while not sufficiently addressing other forms of child abuse, such as physical or emotional harm. Although the law establishes a legal framework for dealing with sexual crimes, concerns have been raised regarding the effectiveness of enforcement mechanisms. Studies have particularly pointed out the difficulties in regulating child pornography and sexual grooming online, given the global nature of the internet and the complexities involved in monitoring digital spaces effectively.[1][3][6]
Another significant challenge relates to the provisions for child witnesses. While SOACA presumes that child victims are competent to provide testimony, courts retain discretion in determining this, which could lead to inconsistencies in legal proceedings.[7] Additionally, enforcement agencies have reportedly faced obstacles such as limited resources, insufficient specialised training, and difficulties in handling cross-border offences related to online exploitation, which may undermine the full enforcement of the Act.[1][4] Moreover, the Act has been criticised for its lack of provisions related to financial compensation and long-term support for victims, with some suggesting that more comprehensive rehabilitation and recovery programs are needed to address the lasting impact of abuse on child survivors.[3][5]
References
[edit]- ^ a b c 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 c 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.
- ^ a b 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.
- ^ Ferdousi, Nahid; Abdullah, Raihanah (2024). "Child protection and juvenile justice: Legal issues in Bangladesh and Malaysia". UUM Journal of Legal Studies. 15 (2): 529–557. doi:10.32890/uumjls2024.15.2.6.
- ^ 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.
