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We strongly advocates against domestic violence. Domestic violence victim is not necessarily women or children but men as well. No victim of domestic violence shall be kept silent behind the shadow. If you are a victim, or you know anyone to be a victim, please contact us or the lcoal authorities immediately.

Learn more about Domestic Violence

About Domestic Violence

 

What is Domestic Violence?


  1. Intentionally / unintentionally attempting to cause / causing the victim fear and physical injuries.
  2. Causing physical injuries to the victim knowing full well that the act in question will cause physical injuries.
  3. Forcing a victim, by means of coercion or threats, to perform an act that includes but is not limited to sexual in nature to which the victim has a right to refuse.
  4. Confining / Detaining / Holding a person against their will.
  5. Harassment as well destruction or damage of property with the intentional / unintentional purpose of causing distress and anxiety to the victim.
  6. Removing / Withholding property belonging to the victim with the sole intent of causing distress and monetary loss to the victim.
  7. Threating the victim with the intent of causing the victim to fear for his / her safety or the safety of a third person as well as distress.
  8. Communicating with the victim or a third party with the intent of maligning or slandering the victim’s honour and good name by any means; not limited only to electronic communications.




Who are the possible victims of Domestic Violence?


To constitute domestic violence under the Domestic Violence Act 1994, the commission of violence acts have to be committed by an offender, (by himself or through a 3rd party) against:

  • his or her spouse;
  • his or her former spouse;
  • a child who is a member of the offender’s family or of the family of the offender’s spouse or former spouse;
  • an incapacitated adult; or
  • any other member of the family (e.g. adult children, parents or siblings of the offender).




How are the victims protected?


A victim of domestic violence will receive protection from the following order:

  • Emergency Protection Order (EPO)
  • Interim Protection Order (IPO)
  • Protection Order (PO)
A victim of domestic violence is also expected to receive support and place of residence, whether temporary or permanent. We will be assisting the Victim of domestic violence in obtaining all the necessary order so that the living of the Victim will not be adversely impacted further.




What if the victim needs immediate protection?


For a situation whereby immediate protection is necessary for the Victim, i.e., when the Victim ran away from home, we shall obtain an Emergency Protection Order (EPO) for the Victim within 2 hours. It is to be noted that this EPO is only valid for 7 days in which during these 7 days, we will make the other necessary applications so that the living of the Victim is not interrupted.





Confetti

About Sexual Crimes Against Children

What Amounts to Sexual Assault Against Children?


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




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


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.




Is it wrong to engage in a sexual communication?


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.




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


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




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


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.





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