Question 1

What Amounts to Sexual Assault Against Children?

Accepted Answer

Sexual Assault Against Children is as follow:-
1. Physical Sexual Assault; 
2. Non-physical Sexual Assault;
3. Child Pronography;
1) Physical Sexual Assault
 
Any person who, for sexual purposes—        
(a)     touches any part of the body of a child.        
(b)     makes a child touch any part of the body of such person or of any other person; 
(c)     makes a  child  touch  any  part  of  the  child’s  own  body;  or        
(d)     does any other acts that involve physical contact with a child without sexual intercourse;

commits an offence and shall, on conviction, be punished with imprisonment for a term not exceeding twenty years and shall also be liable to whipping

2) Non-physical Sexual Assault
Any person who—
(a) for sexual purposes—
(i) utters any word or makes any sound, or makes any gesture or exhibits any object or his body or any part of his body with the intention that such word or sound shall be heard, or such gesture or object or body or part of his body shall be seen by a child;

(ii) makes a child exhibit the child’s body or any part of the child’s body so as it is seen by such person or any other person; or

(iii) repeatedly or constantly follows or watches or contacts a child by any means;

(b) threatens to use any representation in whole or in part, whether visual, audio or written or the combination of visual, audio or written, by any means including but not limited to electronic, mechanical, digital, optical or magnetic means, or manually crafted, or the combination of any means, of a body of a child or any part of a body of a child or of a child engaged in an activity that is sexual in nature;

(c) engages in an activity that is sexual in nature in the presence of a child;

(d) causes a child to watch such person or any other person engaging in an activity that is sexual in nature;

(e) causes a child to watch or hear any representation in whole or in part, whether visual, audio or written or the combination of visual, audio or written, by any means including but not limited to electronic, mechanical, digital, optical or magnetic means, or manually crafted, or the combination of any means, of such person or any other person engaged in an activity which is sexual in nature; or

(f) makes a child engage in an activity that is sexual in nature,

commits an offence and shall, on conviction, be liable to imprisonment for a term not exceeding ten years or to a fine not exceeding twenty thousand ringgit or to both

3) Child Pornography
 • Making preparation to make, produce or direct the making or production of child pornography
 • Using a child in making, producing, directing the making or production of child pornography
 • Exchanging, publishing, selling, accessing etc child pornography

Question 2

Who is considered Children under the Sexual Offences Against Children Act 2017?

Accepted Answer

A child who is under the age of eighteen years and where this Act relates to any other written law, to a child of such age as specified in such written law.

Question 3

Is it wrong to engage in a sexual communication?

Accepted Answer

Sexually communicating with a child is an offence under the Sexual Offences Against Children Act 2017. A person is said to sexually communicate if—

(a) the communication or any part of the communication relates to an activity that is sexual in nature; or
(b) any reasonable person would consider any part of the communication to be sexual.

No person shall be convicted of an offence under this section if the communication is for education, scientific or medical purposes.

Question 4

What if the sexual offences are performed by a family member?

Accepted Answer

Then a protection order under the Domestic Violence Act, will be obtained to protect the child from the perpetrator.

Question 5

What if the sexual offences are performed by a non-family member?

Accepted Answer

We will pursue a protection order in the special court for Children. Before that, we shall refer the case to the police and social welfare department. Suppose the perpetrator shares a residence with the child but is not considered as a family member. In that case, we will proceed to pursue different applications by ensuring the welfare and safety of the child.

About Domestic Violence

About Sexual Crimes Against Children