ISSN: 2222-6990
Open access
This paper was written to highlight issues regarding rape and sexual assault reports which still rank the highest of all the violent crimes in Malaysia. The various sections of the Penal Code punish the perpetrators and over the years, various amendments have been made to intensify the punishment with the hope of deterring and mitigating this heinous crime. Despite this, the reported numbers still run high while many more go unreported. The findings of this paper is based on 31 court cases reported in the law journal from 2019 to 2022. It also highlights the development of the Penal Code, the procedures in court and the challenges affecting the outcomes of the court cases. The paper highlights issues affecting the punishment meted out to the perpetrators which include time lapse between the incident and the reporting, lack of evidence, technical and procedural impediments and the defence raised by the accused (mainly in relation to the victims’ promiscuity and sexual behaviour). Recommendations are given to overcome some of the challenges faced by the victims in the process of reporting the cases and during the court hearing. Further research could be conducted to analyse the important issues pertaining to the different types of rape and sexual assaults.
Basile, K. C., Smith, S. G., & Zwald, M. (2021). Chronic diseases, health conditions and other impacts associated with rape victimization of U.S. Women. Journal of Interpersonal Violence, 36(23-24), NP12504-12520.
Bhuptani, P. H., & Messman, T. L. (2021). Role of blame and rape-related shame in distress among rape victims. Psychological Trauma: Theory, Research, Practice, and Policy. Advance online publication. https://doi.org/10.1037/tra0001132
Culda, G. L., Opre, A. N., & Dobrin, A. D. (2018). Victim blaming by women and men who believe the world is a just place. Cognition, Brain, Behavior, 22(2).
Gravelin, C. R., Biernat, M., & Bucher, C. E. (2019). Blaming the victim of acquaintance rape: Individual, situational, and sociocultural factors. Frontiers in psychology, 9, 2422.
Gupta, S., & Garg, S. (2020). Causes and effects of child sexual abuse. International Journal of Innovative Science and Research Technology, 5, 1867-1870.
Hamid, H. B. B. A. (2021). Exploring Victim Blaming Attitudes in Cases of Rape and Sexual Violence: The Relationship with Patriarchy. Malaysian Journal of Social Sciences and Humanities, 6(11). 273-284
Persson, S., & Dhingra, K. (2022). Attributions of blame in stranger and acquaintance rape: A multilevel meta-analysis and systematic review. Trauma, Violence, & Abuse, 23(3), 795-809.
Ariffin, R., & Samuel, R. (2008). Rape and Rapists: Who and Why. Malaysia: ERA Consumers.
Women’s Aid Organisation (WAO) and the Joint Action Group for Gender Equality (JAG). (2019). The Status of Women’s Human Rights: 24 Years of CEDAW in Malaysia.
In-Text Citation: (Nasrijal & Samuel, 2022)
To Cite this Article: Nasrijal, N. M. H., & Samuel, R. (2022). Rape and Sexual Offences: Legal and Social Challenges in Convicting the Accused. International Journal of Academic Research in Business and Social Sciences, 12(11), 1156 – 1174.
Copyright: © 2022 The Author(s)
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