What is rape?
The Malaysia Penal Code broadly defines rape as non-consensual sexual intercourse, or consensual sexual intercourse that was accomplished by putting the woman in fear of death or hurt.
The crime of rape also includes sexual intercourse with a girl below the age of 16 without her consent and with a girl below 12 with or without her consent.
The statute explains that penetration is sufficient to constitute the sexual intercourse to the crime of rape.
If you were too intoxicated to give content to sexual intercourse or if you were unconscious when someone has sexual intercourse with you, then that is rape.
What is sexual assault?
Sexual assault includes any criminal acts that are sexual in nature, it can be rape, unwanted or unwelcomed touching, kissing, rubbing, groping, or forcing the victim to touch the assaulter in sexual ways.
Where can sexual assault or rape happen?
It can happen anywhere, in public transport, workplaces, schools, universities, public areas like parks, malls, even at home and online too.
Forms of sexual assault/harassment that most people don’t realise
While most people associate sexual assault or sexual harassment with rape, it can actually also include the following actions:
+ Verbal
When someone says anything offensive or suggestive whether is it merely a comment, a remark, any jokes, even sounds and inappropriate questions.
+ Physical
When someone inappropriately touches, pats, pinches, strokes, brushes up against your body, hugs, kisses, or even fondles you without your permission.
+ Psychological
When someone repeatedly proposes wanted social invitations like forcing you on dates, or unwanted texting and even if they keep proposing physical intimacy when you’re not ready.
+ Gestural
When someone looks at you in a sexual manner, holding or eating food provocatively, gesturing with hand signals or sign language in a sexual manner.
+ Visual
When someone shows you pornographic material unwantedly, draws sex-based sketches, writes sex-based letters and even exposing their private part to you.
* The above are all forms of sexual harassment that can be reported to the police.
What to do if I have been sexually assaulted/harrassed?
1. Firstly, speak up and inform the harasser that you’re uncomfortable.
2. Record the details of the incident. Keep screenshots or record any conversations.
3. Lodge a police report and show them all the evidence you’ve collected.
4. You can also choose to sue the harasser by contact a lawyer and asking them about filing a civil suit.
5. Get a therapist or counsellor to help you heal mentally. You can also contact an NGO like the Women’s Aid Organization, All Women’s Action Society, or Women’s Centre for Change.
What to do if I have been raped?
1. Get away from the person who has raped you as soon as you get the chance.
2. Don’t shower or wash your hands or do anything to clean yourself. If you shower, it will wash away the evidence left behind on your body by the other person.
3. Get to the nearest police station and make a report. Try your best to remember every detail of the incident, where it happened, when it happened, how it happened, any conversation that took place between you and the other person.
4. A female officer will then take you to the hospital to get a rape kit done and the investigations about your case shall begin.
When sufficient evidence has been collected, the Deputy Public Prosecutor (DPP) will charge the suspect in court and the suspect can either plead guilty or not guilty. If they plead guilty, the case will proceed to sentencing if not then a full trial begins.
5. Get help. After such a traumatic experience it is important that you get a therapist or a counsellor to help you heal and deal with your trauma.
If you're experiencing suicidal thoughts or any negative emotions or just need someone to talk to after the incident, immediately contactthe Befrienders at 04-281 5161/1108 or email [email protected].
Befrienders is a non-profit organisation providing emotional support 24 hours a day, 7 days a week, to people who are lonely, in distress, in despair, and having suicidal thoughts - without charge.
