There are a number of projects carried out by government and private bodies catering to the need of the single mothers.
(i) Financial Aid
One such scheme is known as Amanah Ikhtiar Malaysia(AIM). Under this scheme a loan of Rm10,000.00 is provided for single mothers to set up their own business. No collateral or guarantor is required. The borrower is required to save a certain sum of money each week depending on the amount of loan taken. To pay at least two payments each month. The borrower is also required to attend meeting at twice a month.
One body which caters to the need of Muslim single mothers is known as Pertubuhan Ibu Tunggal Islam(PITI) Wilayah Persekutuan dan Selangor. Its objective is to help single mothers to be a better householder and also provide courses to educate them.
In Kota Baru Kelantan, a non-government body for single mothers known as Wijadi has launched a herb growing project on a plot of land donated by its member.
(ii) Housing needs.
The Government has taken steps to assist single mothers to own houses of their own. Various schemes have been planned so that single mothers can own houses with less difficulty. The government intend to allocate a number of houses for people who are in poverty. Single mothers who are interested can contact
Syarikat Perumahan Negara Berhad (SPNB) for more information.
Tuesday, July 17, 2007
The Malaysian Single Mothers Associations Council
The Malaysian Single Mothers Association Council was formed in 5th March 2002. The object of this body is to monitor the activities of all the Single Mothers Associations in Malaysia. It helps the government to collect data on the situation of single mothers and to systematically explore ways and means to help the single mothers.
Statistics on Single Mothers
According to the 2000 census there are about 126,810 single mothers in Malaysia. The Malays comprise 58.9%, the Chinese 23.4 %, the Indians 9.1 %. Among the States Selangor has the highest number, it has 16,748 people, followed by Perak and Johor which have 15,969 and 14,790 respectively. Of this number about 87.4 % is due to the death of husbands. Women who become single mothers as a result of divorce comprises 12.6 %.
Coping skill for single mothers.
Guidance is needed for single mothers, this is despite the fact that they may be financially sound and highly educated. Professional guidance will go a long way in helping them to manage their emotions after a break up and also bringing out better children. Without proper guidance they are ill-equipped to shoulder the task. The loss of the support from the husband can cause a lot of hardships to the women with children. Emotionally the women need guidance from the experts to ensure that they have good self-esteem and courage to carry on with life; they must be in good shape physically, mentally, and spiritually to take up the challenge of the role of single mothers.
Single mothers have to face many responsibilities which were once shared by two persons. The children’s future are in the hands of these women. A body have to be set up to look specifically to the needs of single mothers’ families. We cannot leave their plight to chance. These women must be taught proper techniques in bringing up children . The nation’s future is in the hands of these women. Money has to be allotted to finance educational programs and seminars for the well being of single mother families.
Single mothers have to face many responsibilities which were once shared by two persons. The children’s future are in the hands of these women. A body have to be set up to look specifically to the needs of single mothers’ families. We cannot leave their plight to chance. These women must be taught proper techniques in bringing up children . The nation’s future is in the hands of these women. Money has to be allotted to finance educational programs and seminars for the well being of single mother families.
A product of the new age.
Single mothers are the end product of what? The factors that give rise to single mothers are many. Among the them is the death of a spouse, which is one which is not within the control of anyone. Other grounds which give rise to single mothers are the dissolution of a marriage, where the marriage is broken down and ended up in divorce. This is the most common ground which gives rise to women assuming the role of single mothers. With the high rate of divorce and also disillusion among young women in the institution of marriage, marriage is no more viewed as a safe haven ,they are prepared to dissolve the marriage whenever the circumstances force them to do so .
Single Mothers in Malaysia
The rise of single mothers.
Education has enabled women to be more independent financially, they are able to fend for themselves; they no longer look towards man for financial support; their dependence on men for financial need is lesser now. Their new found independence has enabled them to be more courageous in decision making The husband’s misbehavior and infidelity is no longer endured or tolerated as in the past. Rapid economic growth and the participation of women in the various fields have changed women’s perception in the institution of marriage. This new perception has resulted in women willing to take up the role of bringing up children singled handedly without the assistance of their men. The result is the emergence of more and more women who become mothers without the presence of a father in the home.
Education has enabled women to be more independent financially, they are able to fend for themselves; they no longer look towards man for financial support; their dependence on men for financial need is lesser now. Their new found independence has enabled them to be more courageous in decision making The husband’s misbehavior and infidelity is no longer endured or tolerated as in the past. Rapid economic growth and the participation of women in the various fields have changed women’s perception in the institution of marriage. This new perception has resulted in women willing to take up the role of bringing up children singled handedly without the assistance of their men. The result is the emergence of more and more women who become mothers without the presence of a father in the home.
Why do these girls end up in reform schools?
The writer is informed by the officers of these schools that some of the reasons that these young girls commit crimes or become uncontrollable are as follows:
(1) Lack of education, partly due to parents who have been divorced.
(2) Lack of parental love, care and attention. It is said that parents only know how to punish but never to understand.
(3) Environment. This includes the neighbourhood where the child resides, and how much control and monitoring the parents do to protect the child from being influenced by negative forces.
(4) Financial. There are cases where parents take no responsibility for their children’s education. Children play truancy partly due to not having the money to buy the necessary books required or to pay school fees. They feel inadequate and not able to face the teachers and subsequently decide to skip school and go somewhere else. They will be back home after school and parents are not aware of their absence from school.
(5) Character of the child. Although it is true that one’s environment plays a big role
in the shaping of one’s character , we also cannot deny that there are
cases of children whose character are innate in them and is difficult to change.
(6) Friends. Who and what we are can be judged from the people we mix with. Friends plays a big role in influencing our thoughts and habits. People who have negative habits and lifestyle will inevitably pass it to those around him or her, this is especially so if one is weak and easily influenced.
(1) Lack of education, partly due to parents who have been divorced.
(2) Lack of parental love, care and attention. It is said that parents only know how to punish but never to understand.
(3) Environment. This includes the neighbourhood where the child resides, and how much control and monitoring the parents do to protect the child from being influenced by negative forces.
(4) Financial. There are cases where parents take no responsibility for their children’s education. Children play truancy partly due to not having the money to buy the necessary books required or to pay school fees. They feel inadequate and not able to face the teachers and subsequently decide to skip school and go somewhere else. They will be back home after school and parents are not aware of their absence from school.
(5) Character of the child. Although it is true that one’s environment plays a big role
in the shaping of one’s character , we also cannot deny that there are
cases of children whose character are innate in them and is difficult to change.
(6) Friends. Who and what we are can be judged from the people we mix with. Friends plays a big role in influencing our thoughts and habits. People who have negative habits and lifestyle will inevitably pass it to those around him or her, this is especially so if one is weak and easily influenced.
Parents may send their daughters to reform schools
Parents who may wish to send their daughters to these reform schools when they get out of control. They should refer this matter to the social welfare officer of their State, who will study their case and then make a recommendation. A court order has to be obtained in order for the school to accept the children.
Intake to Reform School is by Court Order
Intake into government reform schools is subject to orders made by the Court. The residents’ ages range from 10 to 18. These young girls have usually committed offences owing due to their being minors. Instead of being sent to jail, they are sent to these reform schools to go to through rehabilitation programs. The school curriculum is the same with the normal schools. Although the inmates are usually be kept for a duration of three years, the Board of Visitors have the right to decide whether to reduce the period.
School activities need to be approved by the Ministry of Education to ensure that they help in the residentss’ growth. Various programs are organized by the school to help enable the residents adapt to the outside world when they leave.
School activities need to be approved by the Ministry of Education to ensure that they help in the residentss’ growth. Various programs are organized by the school to help enable the residents adapt to the outside world when they leave.
Reform schools
Reform schools have an important role to play. The basic concept of this school is to teach wayward girls a new skill, allow them time to reflect their past and give them an opportunity to lead a new life without any interference from their old contacts. The girls pick up new skills and trades in the schools.
Reform schools like Sekolah Tunas Bakti, Sg. Leleh, Melaka, help the girls who have been put under their care to change over to a new life. The role of the reform school is to make sure that when the girls leave the centers they will be able to carry on a normal life and bring up successful families. The results of the rehabilitation programs all depends on the girls; some benefited greatly, some revert back to their old ways
Reform schools like Sekolah Tunas Bakti, Sg. Leleh, Melaka, help the girls who have been put under their care to change over to a new life. The role of the reform school is to make sure that when the girls leave the centers they will be able to carry on a normal life and bring up successful families. The results of the rehabilitation programs all depends on the girls; some benefited greatly, some revert back to their old ways
How you can get help from Legal Aid Centers?
How do you qualify for assistance from the Legal Aid Center? The standard used are not the same in all of the States. In some States the minimum income level set is higher if the costs of living is higher. Where the cost of living is lower, the minimum income is lower. In Malacca the writer was told that to qualify one must be earning less than RM 600 a month. The applicant may have to pay certain disbursements to a lawyer who takes up her case. There is also no fixed rule for this payment, it all depends on the lawyer concerned. I understand that certain lawyers do not collect disbursements at all.
Legal Aid Centers
Fees are charged by lawyers are normally beyond the mean of women who have been abandoned by their husbands. The Bar Council has set up Legal Aid Centers in various States to cater for the poor. The purpose of these Centers is to give the poor access to legal advice even when they cannot afford it.
Legal Aid Bureau
When legal consultation is required a lawyer’s fee is always an important factor. Women who are in need may not be able to afford the fees charged by lawyers. The government’s Legal Aid Bureaus provide a means for women to get help without any charges provided they show that their income is low and they cannot afford a lawyer. Women should be aware of their rights; they will be given advice and guidance on their situation if they consult the Legal Aid Bureau.
Applicants must meet certain conditions before they can be assisted by the Legal Aid Bureau. Housewives who do not work and have no income are automatically entitled to legal aid. Women who work must have a yearly net income must exceeding RM3000/= in order to qualify. Net income means after deducting rentals and maintenance for children.
More details can be found by calling the 24 hours legal aid hotline 600 82 7713. A woman with a net income of between RM3000/= and RM13,000/= per year, has to pay a fee of RM300/=. Those whose income is above RM13,000/= per year do not qualify except with the consent of the Minister.
It is also vital that the services of the Legal Aid Bureau be made known to women who may be quite ignorant of such services provided by the government. The Legal Aid Bureau should become more user-friendly and change its image in line with modern trends. People will only go to services which are approachable and friendly. Our society will have fewer problems if only people know more about their rights and claim them. Injustice take places only where there is ignorance. Time must be spent on educating the public on their rights and solutions to their problems. Women will approach the Bureau only if it is visible and the Bureau must make itself more visible by having posters and leaflets at public places like supermarkets and malls.
Applicants must meet certain conditions before they can be assisted by the Legal Aid Bureau. Housewives who do not work and have no income are automatically entitled to legal aid. Women who work must have a yearly net income must exceeding RM3000/= in order to qualify. Net income means after deducting rentals and maintenance for children.
More details can be found by calling the 24 hours legal aid hotline 600 82 7713. A woman with a net income of between RM3000/= and RM13,000/= per year, has to pay a fee of RM300/=. Those whose income is above RM13,000/= per year do not qualify except with the consent of the Minister.
It is also vital that the services of the Legal Aid Bureau be made known to women who may be quite ignorant of such services provided by the government. The Legal Aid Bureau should become more user-friendly and change its image in line with modern trends. People will only go to services which are approachable and friendly. Our society will have fewer problems if only people know more about their rights and claim them. Injustice take places only where there is ignorance. Time must be spent on educating the public on their rights and solutions to their problems. Women will approach the Bureau only if it is visible and the Bureau must make itself more visible by having posters and leaflets at public places like supermarkets and malls.
Making a will
Two witnesses are required to witness a person signing his/her will. The witnesses cannot be beneficiaries (persons who benefit) of the will. Besides the two witnesses you also need to appoint trustees (also known as executors) to manage your will. He or she will go to the Court to handle your matters after your death. The will must state what type of property you bequeath and to whom. Any ambiguity or unclear statements will make your will invalid and have no effect at all. So you must get a lawyer to draw up a will for you. If you have made a will long time ago, say before you got married, then you must make a fresh will.
Employee’s Provident Fund (EPF)
The husband's EPF money will only be paid to the wife if he has nominated the wife as the beneficiary. Otherwise the money will be paid to the person named in the nomination form. If the husband did not nominate anyone to receive the funds, then his next of kin, in this case the wife, will be entitled to the money.
The wife needs not distribute according to the law but everybody must agree
The distribution Act allows property to be distributed according to the terms in the Act. If the husband does not leave a will behind and the wife does not want to distribute according to the Act, then the wife must get the consent of everyone entitled to her husband ‘s estate to agree to a different way of distribution. Alternatively, the survivors may apply to the Court to appoint trustees to administer the estate.
What happens after the death of the husband the wife found out that he left nothing for her and the children?
The wife can consult the legal aid bureau (Biro Bantuan Guaman) to apply to the court to challenge her deceased husband’s will. If the wife is financially able, then it is better to see a lawyer to seek advice and proceed to do the necessary things like putting a caveat on her husband’s property to stop it being transferred to other people before the Court makes its decision.
Making Sure That The Husband Leave a Will
The wife should ask her husband whether he has made a will. If he has done so, then when he dies the properties will be distributed according the instructions stated in the will. If when he dies, the wife does not know whether her husband has left a will, she must find out from others.
Very often both husband and wife goes together to see a lawyer to prepare their wills. This is a good way of arranging their property for distribution after their death. Couples usually think over the matter for a while before they make final decisions on the distribution. They will want to make sure that it is done in the best interests of the children and avoid unnecessary misunderstandings. A will is a good way to distribute property to others as they wish. It is time efficient and cost effective.
Very often both husband and wife goes together to see a lawyer to prepare their wills. This is a good way of arranging their property for distribution after their death. Couples usually think over the matter for a while before they make final decisions on the distribution. They will want to make sure that it is done in the best interests of the children and avoid unnecessary misunderstandings. A will is a good way to distribute property to others as they wish. It is time efficient and cost effective.
What happens if a person dies without leaving behind a spouse, children or parents?
In this situation, if his or her grandparents are still alive, the property will be shared equally between them, if only one grandparent is alive, then he or she takes all.
If no grandparents are alive, then the property will be given to brothers and sisters in equal share. If there are no brothers and sisters, then it goes to uncles and aunts in equal share. If there are no relatives alive, then the property goes to the government.
The Court require the trustee to give a personal bond to guarantee that in the event that he or she administers the estate improperly and losses are incurred, he or she will have to compensate the beneficiaries for the losses.
The advantage of having a written will is that all the above mentioned hassle will be avoided. Under the will trustees are appointed to deal with the distribution according to wish of the deceased person.
If no grandparents are alive, then the property will be given to brothers and sisters in equal share. If there are no brothers and sisters, then it goes to uncles and aunts in equal share. If there are no relatives alive, then the property goes to the government.
The Court require the trustee to give a personal bond to guarantee that in the event that he or she administers the estate improperly and losses are incurred, he or she will have to compensate the beneficiaries for the losses.
The advantage of having a written will is that all the above mentioned hassle will be avoided. Under the will trustees are appointed to deal with the distribution according to wish of the deceased person.
How the property is distributed under The Distribution (Amendment Act) 1997.
Under the new amendment, when a husband or wife dies, one-quarter of his or her property goes to the parents; if the parents are alive, they share equally. The surviving husband or wife takes one-quarter share. The rest of the property is divided equally among the children of the deceased. If there are no parents living, then the surviving husband or wife takes one-third share of the property while the children will take the rest (2/3) of the share allocated to the parents. If the spouse and parents are no more living, then all the property is given to the children to be shared equally. If there are no children, the surviving husband or wife takes half share while the other half goes to the parents of the deceased. In the event where there are no parents and children living, the surviving husband or wife inherits all the property
DISTRIBUTION OF PROPERTY
What would happen to the husband’s property if he dies without leaving a will?
The distribution of a person’s property after his death is provided for by The Distribution (Amendment) Act 1997. The Act says that when a person dies without making a will his property will be divided amongst various people. Under the Act when a man dies part of his property goes to the wife, part goes to the children and a portion goes to his parent or parents.
It used to be the case that when a wife dies, all her property go to the husband. Now it is different. The husband has to share the property of his deceased wife with the children and her parents. The purpose of the revision is to make for a fairer distribution of property to all people related to the deceased in the event that the deceased person does not leave a will behind. The amendment is to prevent property going into the wrong hands and make for a most equitable distribution.
The distribution of a person’s property after his death is provided for by The Distribution (Amendment) Act 1997. The Act says that when a person dies without making a will his property will be divided amongst various people. Under the Act when a man dies part of his property goes to the wife, part goes to the children and a portion goes to his parent or parents.
It used to be the case that when a wife dies, all her property go to the husband. Now it is different. The husband has to share the property of his deceased wife with the children and her parents. The purpose of the revision is to make for a fairer distribution of property to all people related to the deceased in the event that the deceased person does not leave a will behind. The amendment is to prevent property going into the wrong hands and make for a most equitable distribution.
The role of the government
The government must step up research on incest and publish its negative effects to let the public know of its consequences.
A special fund should be set up by the government to cater for the needs of traumatized families. The offender, usually the breadwinner of the family, may be sent away for a period of time, depriving the family of economic support.
A stiffer punishment for the crime can also be used as a deterrent.
In our country there is no specific law to deal with the crime of incest. A person who commits the offence of incest is charged under the crime of rape, so that there leaves many gaps in the prosecution of the crime of incest.
Another area which the government has to address is the difference in the severity of punishment meted out by the Civil and the Syariah Court. Under syariah law, the maximum punishment for incest is three years and RM3000/= fine. The penal code imposes a jail term between five to twenty years; the Court also has the discretion to impose whipping not exceeding 24 strokes on the offender.
A special fund should be set up by the government to cater for the needs of traumatized families. The offender, usually the breadwinner of the family, may be sent away for a period of time, depriving the family of economic support.
A stiffer punishment for the crime can also be used as a deterrent.
In our country there is no specific law to deal with the crime of incest. A person who commits the offence of incest is charged under the crime of rape, so that there leaves many gaps in the prosecution of the crime of incest.
Another area which the government has to address is the difference in the severity of punishment meted out by the Civil and the Syariah Court. Under syariah law, the maximum punishment for incest is three years and RM3000/= fine. The penal code imposes a jail term between five to twenty years; the Court also has the discretion to impose whipping not exceeding 24 strokes on the offender.
Treatment of incest offenders and victims
Research has shown that due to the sensitivity of this crime, a counseling approach is preferable to one which is punitive in nature. The offending father should be asked to go to counseling sessions. In this way the family is prevented from breaking up in order to maintain the family’s economic lifeline.
Finding a solutions to the incest issue is not easy. In the case of father and daughter incest, the mother may not allow the matter to be disclosed for many reasons, such as extreme shame and ridicule the family will face, and the loss of economic support in the event the father is put in jail.
Uncovering an incestuous relationship is not easy. This is due to the fact that in majority of the cases the victims are very young. It is not easy to extricate the fact of an incestuous relationship from a child. Malathi Menon in her research paper presented for purpose of her Bachelor of Laws (Honours) degree in University Malaya 1987/1988 described how a Child Abuse Team comprising medical doctors, psychiatrist and social workers obtained such information when they suspected that a child could be sexually abused. They used a fully clothed doll to help the child to name various body parts and describe how her vagina was injured.
The above scenario shows how hard it is to deal with an incestuous crime. If it is confirmed from the behaviour and reaction of the child that she is sexually abused then she may be kept in a safe place for counseling and healing. This approach described by Malathi is known as the therapeutic alternative. The objective is to reconcile the offending father and the child victim. The father may be led to confessing to the doing of the act through a non-punitive approach.
Finding a solutions to the incest issue is not easy. In the case of father and daughter incest, the mother may not allow the matter to be disclosed for many reasons, such as extreme shame and ridicule the family will face, and the loss of economic support in the event the father is put in jail.
Uncovering an incestuous relationship is not easy. This is due to the fact that in majority of the cases the victims are very young. It is not easy to extricate the fact of an incestuous relationship from a child. Malathi Menon in her research paper presented for purpose of her Bachelor of Laws (Honours) degree in University Malaya 1987/1988 described how a Child Abuse Team comprising medical doctors, psychiatrist and social workers obtained such information when they suspected that a child could be sexually abused. They used a fully clothed doll to help the child to name various body parts and describe how her vagina was injured.
The above scenario shows how hard it is to deal with an incestuous crime. If it is confirmed from the behaviour and reaction of the child that she is sexually abused then she may be kept in a safe place for counseling and healing. This approach described by Malathi is known as the therapeutic alternative. The objective is to reconcile the offending father and the child victim. The father may be led to confessing to the doing of the act through a non-punitive approach.
Preventive measures that we can take to curb incest
(1) Basic sex education in school and at home
Due to the secretive nature of this crime, and the victims’ tender age, it has been suggested by researchers that schools conduct a basic education in the human reproductive system so that young children to report any act of sexual abuse to the authority or to any person the child can trust.
It is the duty of any woman to educate her children about the human body, human lust and sex, although this may sound very inappropriate when her children are of a tender age. But do we have any choice? Prevention is better than cure! Mothers should let their daughters and sons know which parts of their bodies should not be touched by anyone. If anyone does so they should immediately report the matter to them.
(2) Making failure to report an offence
There has also been a suggestion to make it compulsory for who ever witnesses an act of incest to report it to the authority. This provision has been incorporated under the Child Act 2001. A fine of Rm5000/= will be imposed upon the offender. (Berita Harian, 8 May 2002)
The Deputy Minister of Education Datuk Abdul Aziz Samsuddin has called on teachers and headmasters to take a serious note of this matter. He says the government may give incentives to people to take the initiative to report the matter to the police or relevant authorities after finding out about it from the affected children. (Berita Harian, 14-4-2002)
(3) Birth control
Birth control is one of the ways to curb the incident of incest. The size of any family must be monitored to make sure that it is proportional to the financial capability of the family. Too many children staying in a small and crowded environment can lead to undesirable relationships like incest.
(4) Encourage public debate of the matter
Prof Abd. Hadi Zakaria in his book titled Haruan Makan Anak has proposed that the best way to curb the incest in families is to encourage a public debate on the subject. As long as people do not think it is taboo to talk about it, they will be more willing to come forward and report the matter to the authorities.
(5) A child hotline
May be it is not a bad idea to set up a telephone hotline known as ‘Child line’ for children to report this abuse to the authorities, thus bypassing their parents.
(6) Build houses with minimum of three rooms
The Mufti of Wilayah Persekutuan, Datuk Hashim Yahya has urged the government to build houses with at least three rooms. Parents shall occupy a separate room from the children. Boys shall also sleep in a separate room from the girls. (Utusan Malaysia,14-4-02)
Due to the secretive nature of this crime, and the victims’ tender age, it has been suggested by researchers that schools conduct a basic education in the human reproductive system so that young children to report any act of sexual abuse to the authority or to any person the child can trust.
It is the duty of any woman to educate her children about the human body, human lust and sex, although this may sound very inappropriate when her children are of a tender age. But do we have any choice? Prevention is better than cure! Mothers should let their daughters and sons know which parts of their bodies should not be touched by anyone. If anyone does so they should immediately report the matter to them.
(2) Making failure to report an offence
There has also been a suggestion to make it compulsory for who ever witnesses an act of incest to report it to the authority. This provision has been incorporated under the Child Act 2001. A fine of Rm5000/= will be imposed upon the offender. (Berita Harian, 8 May 2002)
The Deputy Minister of Education Datuk Abdul Aziz Samsuddin has called on teachers and headmasters to take a serious note of this matter. He says the government may give incentives to people to take the initiative to report the matter to the police or relevant authorities after finding out about it from the affected children. (Berita Harian, 14-4-2002)
(3) Birth control
Birth control is one of the ways to curb the incident of incest. The size of any family must be monitored to make sure that it is proportional to the financial capability of the family. Too many children staying in a small and crowded environment can lead to undesirable relationships like incest.
(4) Encourage public debate of the matter
Prof Abd. Hadi Zakaria in his book titled Haruan Makan Anak has proposed that the best way to curb the incest in families is to encourage a public debate on the subject. As long as people do not think it is taboo to talk about it, they will be more willing to come forward and report the matter to the authorities.
(5) A child hotline
May be it is not a bad idea to set up a telephone hotline known as ‘Child line’ for children to report this abuse to the authorities, thus bypassing their parents.
(6) Build houses with minimum of three rooms
The Mufti of Wilayah Persekutuan, Datuk Hashim Yahya has urged the government to build houses with at least three rooms. Parents shall occupy a separate room from the children. Boys shall also sleep in a separate room from the girls. (Utusan Malaysia,14-4-02)
Why does incest take place?
Understanding the causes of incest will help us to find a solution to it. The issue of incest is always in the news, this crime is not uncommon in our society.
What are the causes of incest? There seems to be no definite answer to this question. Research shows that most incest takes place among families in the lower income groups. This is not to say that it does not happen in the upper class. Common sense tells us that it is a man’s pure lust which is responsible for incest. Our priority should be to focus on how to prevent this heinous crime as it produces such a great negative impact on the victim and the family as well as society as a whole.
Research done in Malaysia shows that incest happens more often in rural areas. This finding is gathered from police files. However, it may not reveal the true situation as it is highly likely that many incest cases go unreported.
According to cases reported to the police, the statistics according to a racial breakdown are as follows:
Number of incest cases in Malaysia by racial composition
Racial Origin 1997 1998 1999 2000 2001 2002
Malay 186 220 192 158 179 43
Chinese 10 13 7 5 9 4
Indian 21 27 15 12 17 6
Others 34 57 61 38 41 12
Total 251 317 275 213 246 65
Again, the racial factor may not reveal a true picture. There is a possibility that the Malays are more willing to come out and refer the matter to the police where as other races may be less willing to let the public know due to certain reasons. Among the Chinese there is a saying that family scandals should not to disclose to outsiders.
Recent discussion in the newspaper on the issue of incest by readers and politicians, educationists, doctors reveal that ……
Jaclyn Kee of the Women’s Aid Organization feels that too much emphasis has been focused on punishment of the offender. She thinks that the authorities should also concentrate on support for the victims so that they may be coaxed to come forward and report the wrongdoings.
Authorities have found that incest cases are more likely to take place at Felda schemes. Where many of the houses contain only one or two bedrooms so that boys and girls cannot have separate rooms to sleep.
It has also been found that a lack of religious teaching and parent’s failure to provide good role models to their children result in their easily being influenced by negative elements. It has been reported that sometimes father and daughter watch pornographic VCDs together. Easy access to pirate pornographic material helps to accelerate the rate of wrongful sex activities.
It is known that some victims become an outlet for the father to satisfy his sexual urges after separation or when the mother has passed away. Some of the victims believe that it is their duty as an obedient child to comply sexually. However, many of the victims are below 16 they and have no knowledge of sex.
National Unity and Community Development Minister Dr.Siti Zaharah Sulaiman has urged that incest cases should be reported not only to the police but also the Social Welfare Department so that the Department can take immediate action to protect the victim. There is a danger that after a report has been made to the police, the victim may be subject to violence from the offender. Presently the Welfare Department learns about the case only after it receives a copy of the report from the police, thus delaying their assistance to the victim. (17-4-2002, The Sun)
Dr.Siti Zalikhah Md Nor a Professor from University Kebangsaan Malaysia (UKM) is of the opinion that some of the customs and life style of the Malays play a big part in the relatively high rate incest incidents among the Malays. She says Malay society has objection against man whose wife has passed away to marry again.
The other practice according to her is the tendency for old couples to sleep apart. Menopause women feel shy to sleep with their husbands on the same bed. Dr.Abdul Aziz Yahya is of the view that these women can undergo hormone replacement therapy (HRT) to enable them to be more inclined to resume their sex life with their husbands. (6-5-2002, Berita Harian)
The Head of Psychiatric Unit of the Medical Faculty at Universiti Putra Malaysia Dr.Nik Shaliza Hussin gives a few reasons why Malays are found to commit the highest rate of incest rate in the Country. She is of the view that a strong religious belief among the Malays compel them to report the matter to the police so that the offender would be caught. According to her, other races may have their own ways of overcoming the matter. The other reasons are the lack of religious teaching or education in the home of those offenders, and the lack of discipline and responsibility among members of the family. She also of the view that the Malays have less sense of responsibility as compared with other races and this could lead them to commit crimes of this nature. Other reasons are the weak family structure as a result of broken families. She thinks that the issues is a complex one; there is no single cause, a combination of many factors give rise to this social problem. (18-4-2002, Berita Harian)
What are the causes of incest? There seems to be no definite answer to this question. Research shows that most incest takes place among families in the lower income groups. This is not to say that it does not happen in the upper class. Common sense tells us that it is a man’s pure lust which is responsible for incest. Our priority should be to focus on how to prevent this heinous crime as it produces such a great negative impact on the victim and the family as well as society as a whole.
Research done in Malaysia shows that incest happens more often in rural areas. This finding is gathered from police files. However, it may not reveal the true situation as it is highly likely that many incest cases go unreported.
According to cases reported to the police, the statistics according to a racial breakdown are as follows:
Number of incest cases in Malaysia by racial composition
Racial Origin 1997 1998 1999 2000 2001 2002
Malay 186 220 192 158 179 43
Chinese 10 13 7 5 9 4
Indian 21 27 15 12 17 6
Others 34 57 61 38 41 12
Total 251 317 275 213 246 65
Again, the racial factor may not reveal a true picture. There is a possibility that the Malays are more willing to come out and refer the matter to the police where as other races may be less willing to let the public know due to certain reasons. Among the Chinese there is a saying that family scandals should not to disclose to outsiders.
Recent discussion in the newspaper on the issue of incest by readers and politicians, educationists, doctors reveal that ……
Jaclyn Kee of the Women’s Aid Organization feels that too much emphasis has been focused on punishment of the offender. She thinks that the authorities should also concentrate on support for the victims so that they may be coaxed to come forward and report the wrongdoings.
Authorities have found that incest cases are more likely to take place at Felda schemes. Where many of the houses contain only one or two bedrooms so that boys and girls cannot have separate rooms to sleep.
It has also been found that a lack of religious teaching and parent’s failure to provide good role models to their children result in their easily being influenced by negative elements. It has been reported that sometimes father and daughter watch pornographic VCDs together. Easy access to pirate pornographic material helps to accelerate the rate of wrongful sex activities.
It is known that some victims become an outlet for the father to satisfy his sexual urges after separation or when the mother has passed away. Some of the victims believe that it is their duty as an obedient child to comply sexually. However, many of the victims are below 16 they and have no knowledge of sex.
National Unity and Community Development Minister Dr.Siti Zaharah Sulaiman has urged that incest cases should be reported not only to the police but also the Social Welfare Department so that the Department can take immediate action to protect the victim. There is a danger that after a report has been made to the police, the victim may be subject to violence from the offender. Presently the Welfare Department learns about the case only after it receives a copy of the report from the police, thus delaying their assistance to the victim. (17-4-2002, The Sun)
Dr.Siti Zalikhah Md Nor a Professor from University Kebangsaan Malaysia (UKM) is of the opinion that some of the customs and life style of the Malays play a big part in the relatively high rate incest incidents among the Malays. She says Malay society has objection against man whose wife has passed away to marry again.
The other practice according to her is the tendency for old couples to sleep apart. Menopause women feel shy to sleep with their husbands on the same bed. Dr.Abdul Aziz Yahya is of the view that these women can undergo hormone replacement therapy (HRT) to enable them to be more inclined to resume their sex life with their husbands. (6-5-2002, Berita Harian)
The Head of Psychiatric Unit of the Medical Faculty at Universiti Putra Malaysia Dr.Nik Shaliza Hussin gives a few reasons why Malays are found to commit the highest rate of incest rate in the Country. She is of the view that a strong religious belief among the Malays compel them to report the matter to the police so that the offender would be caught. According to her, other races may have their own ways of overcoming the matter. The other reasons are the lack of religious teaching or education in the home of those offenders, and the lack of discipline and responsibility among members of the family. She also of the view that the Malays have less sense of responsibility as compared with other races and this could lead them to commit crimes of this nature. Other reasons are the weak family structure as a result of broken families. She thinks that the issues is a complex one; there is no single cause, a combination of many factors give rise to this social problem. (18-4-2002, Berita Harian)
Serious implication of incest
Incest has serious implications. It can not only cause the birth of an unhealthy and abnormal child it will also create disruption to the family system.
A strong family structure and the hierarchy, based on seniority, builds up relationships in a human society. Incest will destroy this and the child of an incestuous relationship lives in great embarrassment and inadequacy the whole of his or her life.
Research has shown that many victims of incest have difficulty enjoying a normal adulthood, due to the physical and emotional hurt they suffered during their childhood. They succumb to drug and alcohol for relief. Many female victims become prostitutes. Studies also show that a big percentage of sex offenders were victims of sexual abuse.
The world is alive today due mainly to the existence of love, the family unit, a father and child relationship, motherly love. These will all be deeply shaken if incestuous activities and relationships are left unchecked.
A strong family structure and the hierarchy, based on seniority, builds up relationships in a human society. Incest will destroy this and the child of an incestuous relationship lives in great embarrassment and inadequacy the whole of his or her life.
Research has shown that many victims of incest have difficulty enjoying a normal adulthood, due to the physical and emotional hurt they suffered during their childhood. They succumb to drug and alcohol for relief. Many female victims become prostitutes. Studies also show that a big percentage of sex offenders were victims of sexual abuse.
The world is alive today due mainly to the existence of love, the family unit, a father and child relationship, motherly love. These will all be deeply shaken if incestuous activities and relationships are left unchecked.
INCEST IN MALAYSIA
Definition
Intercourse between two persons who have close blood relationships is prohibited by custom and by law. The child produced by such a union will not be biologically normal or healthy. Medical studies have already established the undesirable consequences of inbreeding. Incest means intercourse by two persons who have close blood relationships. There is now a tendency to widen the definition to include sexual relationships between persons who have no blood relationships as long as one of the parties assume a parental role or is a person in trust.
Intercourse between two persons who have close blood relationships is prohibited by custom and by law. The child produced by such a union will not be biologically normal or healthy. Medical studies have already established the undesirable consequences of inbreeding. Incest means intercourse by two persons who have close blood relationships. There is now a tendency to widen the definition to include sexual relationships between persons who have no blood relationships as long as one of the parties assume a parental role or is a person in trust.
Resources on the Internet
(1) Aware : Arming women against rape & endangerment
http://www.aware/org/
The mission of this site is to educate the public, organizations and individuals about issues related to personal safety. It is a source for training, information, and support for people, primarily women, learning to cope with violence. It covers areas on self-defense and tools and techniques you can use to prevent violence against yourself. We can learn from it, and model our future projects on what has been carried successfully by this organization and many others are listed here.
(2) Rape 101.com
http://rape101.com/
Another site which provides useful information on rape and other related issues.
(3) Rape Recovery Help and Information Page
http://www.geocities.com/HotSprings/2404
A site which contains useful information.
(4) DC Rape Crisis Centre
http://www.dcrcc.org
This site offers many tips on how to prevent rape. It has a very useful section on Date Rape Drugs. Thumbnail this section to find out about substance abuse and sexual assault. It also offers tips on how you can reduce your risk of being drugged and sexually assaulted.
(5) Perspectives on Acquaintances Rape
http://www.aaets.org/arts/art13.htm
The site only contains an article on acquaintances Rape.
http://www.aware/org/
The mission of this site is to educate the public, organizations and individuals about issues related to personal safety. It is a source for training, information, and support for people, primarily women, learning to cope with violence. It covers areas on self-defense and tools and techniques you can use to prevent violence against yourself. We can learn from it, and model our future projects on what has been carried successfully by this organization and many others are listed here.
(2) Rape 101.com
http://rape101.com/
Another site which provides useful information on rape and other related issues.
(3) Rape Recovery Help and Information Page
http://www.geocities.com/HotSprings/2404
A site which contains useful information.
(4) DC Rape Crisis Centre
http://www.dcrcc.org
This site offers many tips on how to prevent rape. It has a very useful section on Date Rape Drugs. Thumbnail this section to find out about substance abuse and sexual assault. It also offers tips on how you can reduce your risk of being drugged and sexually assaulted.
(5) Perspectives on Acquaintances Rape
http://www.aaets.org/arts/art13.htm
The site only contains an article on acquaintances Rape.
Rights of a rape survivor
The WCC has provided the following as a guide to the way we should treat a rape survivor. A rape victim has these rights:
(1) The right to be believed.
(2) The right to be treated with dignity ,respect and sensitivity.
(3) To be considered a rape survivor when any unwanted act of sex is forced on her through any type of coercion, violent or otherwise
(4) To be considered a rape survivor regardless of the assailant’s relationship to her (such as being the survivor’s spouse)
(5) To be treated with as much credibility as a survivor of any other crime.
(6) To be treated in a manner which empowers her and enables her to determine her own needs and how best to meet them
(7) To use any means necessary to protect herself against any assailant and not be criminally prosecuted for harming the assailant during or immediately after the rape, or in the process of preventing rape
(8) To receive information on her rights as a survivor, the supportive services available and legal procedures and options open to her
(9) The right to appropriate medical, legal and counseling support
(10) To receive medical and mental health treatment and to participate in legal procedures only after giving her informed consent
(11) To receive prompt and effective police action to arrest and prosecute the assailant/s
(12) To have the best possible collection of evidence for court, especially that provided by the police and hospital personnel
(13) To receive prompt medical and mental health services whether or not the rape is reported to the police, and at no cost
(14) To have legal procedures which treat her with dignity and protect her rights
(15) To be asked only those questions that are relevant to a court case or for medical treatment
(16) To have her name and identity kept out of the media
(17) To obtain compensation from the assailant/s and/or the State
(18) To be given free legal advice on the possibility of pursuing a civil suit to recover damages against her assailant
(19) To have access to a secure living situation and other measures which will help to allay fears of future assault and to feel safe again
(1) The right to be believed.
(2) The right to be treated with dignity ,respect and sensitivity.
(3) To be considered a rape survivor when any unwanted act of sex is forced on her through any type of coercion, violent or otherwise
(4) To be considered a rape survivor regardless of the assailant’s relationship to her (such as being the survivor’s spouse)
(5) To be treated with as much credibility as a survivor of any other crime.
(6) To be treated in a manner which empowers her and enables her to determine her own needs and how best to meet them
(7) To use any means necessary to protect herself against any assailant and not be criminally prosecuted for harming the assailant during or immediately after the rape, or in the process of preventing rape
(8) To receive information on her rights as a survivor, the supportive services available and legal procedures and options open to her
(9) The right to appropriate medical, legal and counseling support
(10) To receive medical and mental health treatment and to participate in legal procedures only after giving her informed consent
(11) To receive prompt and effective police action to arrest and prosecute the assailant/s
(12) To have the best possible collection of evidence for court, especially that provided by the police and hospital personnel
(13) To receive prompt medical and mental health services whether or not the rape is reported to the police, and at no cost
(14) To have legal procedures which treat her with dignity and protect her rights
(15) To be asked only those questions that are relevant to a court case or for medical treatment
(16) To have her name and identity kept out of the media
(17) To obtain compensation from the assailant/s and/or the State
(18) To be given free legal advice on the possibility of pursuing a civil suit to recover damages against her assailant
(19) To have access to a secure living situation and other measures which will help to allay fears of future assault and to feel safe again
Proposals to amend the law on rape
The crime of rape is only recognized when there is penetration of the offender’s penis into the victim’s vagina and women are placed a very disadvantageous situation. If a person forces other objects into the victim’s vagina, is the pain and anguish any less than penetration by a man’s sexual organ?
Women’s groups in Malaysia have proposed the following changes to current legislation on the offence of rape.
(1) The definition of rape should be widened to include sodomy, forced oral sex and the use of any foreign objects to penetrate any orifice. It has also been suggested that the term ‘sexual assault’ should be used instead of ‘rape’, as this can take away the stigma of rape from a victim.
(2) Marital rape should be recognized so that a man can be convicted of raping his wife.
(3) Classify the crime of rape or sexual assault into several categories. Serious types of rapes should be known as aggravated rapes and heavier punishment must be imposed. Gang rape, rape by a person in a position of trust, rape when the victim is very young, very old, infirm, physically or mentally disabled, in a case where a weapon is used by the rapist.
(4) Court cases in connection with rape and sexual assault should not be heard in public
(5) All procedures in the investigation and gathering of evidence should be carried out speedily without subjecting the victim to further pain and anguish. The identification parade should not require the victim to be in the same room with the alleged offender.
(6) A sexual assault squad should be formed within the police department to be comprised of people who are well trained and sensitive to the feelings of the victims to reduce their trauma and fear.
(7) The convicted person should pay compensation to the victims. If the convicted is not financially capable, then the State should pay.
(8) The burden of proof in rape case should be revised. It is now the duty of the victim (if she is above 16) to prove that she did not consent to sexual intercourse. This can be a difficult task if there are no injuries inflicted. Due to this difficulty some countries have made efforts to shift the emphasis away from using consent, or the lack of it, as the key factor in proving the crime. The Michigan Criminal Sexual Conduct Act has taken away consent as an element of the crime, focusing more on the conduct of the offender rather than consent from the victim.
Women’s groups in Malaysia have proposed the following changes to current legislation on the offence of rape.
(1) The definition of rape should be widened to include sodomy, forced oral sex and the use of any foreign objects to penetrate any orifice. It has also been suggested that the term ‘sexual assault’ should be used instead of ‘rape’, as this can take away the stigma of rape from a victim.
(2) Marital rape should be recognized so that a man can be convicted of raping his wife.
(3) Classify the crime of rape or sexual assault into several categories. Serious types of rapes should be known as aggravated rapes and heavier punishment must be imposed. Gang rape, rape by a person in a position of trust, rape when the victim is very young, very old, infirm, physically or mentally disabled, in a case where a weapon is used by the rapist.
(4) Court cases in connection with rape and sexual assault should not be heard in public
(5) All procedures in the investigation and gathering of evidence should be carried out speedily without subjecting the victim to further pain and anguish. The identification parade should not require the victim to be in the same room with the alleged offender.
(6) A sexual assault squad should be formed within the police department to be comprised of people who are well trained and sensitive to the feelings of the victims to reduce their trauma and fear.
(7) The convicted person should pay compensation to the victims. If the convicted is not financially capable, then the State should pay.
(8) The burden of proof in rape case should be revised. It is now the duty of the victim (if she is above 16) to prove that she did not consent to sexual intercourse. This can be a difficult task if there are no injuries inflicted. Due to this difficulty some countries have made efforts to shift the emphasis away from using consent, or the lack of it, as the key factor in proving the crime. The Michigan Criminal Sexual Conduct Act has taken away consent as an element of the crime, focusing more on the conduct of the offender rather than consent from the victim.
Research on the crime of rape
The government should set up a research centre to study the crime of rape. Rape cases not only cause great harm to the victim but also bring misery to many who are related to her. To protect the well being of potential victims, funds must be allotted to set up a research to study the subject of rape.
We must visit countries which have dealt with this issue successfully, and make use of their know-how to improve our prevention strategies. Advanced countries like Japan and the United States, the European countries all can help us to analyze the problem and think of ways to minimize the occurrence of such incidents.
Our laws must be amended to cater for changes in society and to recognize the rights of women who should not to be abused just because they are women.
We must visit countries which have dealt with this issue successfully, and make use of their know-how to improve our prevention strategies. Advanced countries like Japan and the United States, the European countries all can help us to analyze the problem and think of ways to minimize the occurrence of such incidents.
Our laws must be amended to cater for changes in society and to recognize the rights of women who should not to be abused just because they are women.
Society’s mindset on rape
Although women have achieved great advancement in recent decades, we cannot deny the fact that physically and biologically woman and man are different.
In term of physical strength a man is far superior to a woman. Men are also more mobile than woman in term of physical build. The fact that woman is responsible for childbearing speaks much of the difference in these two sexes.
In more advanced countries women groups have made great strides in claiming for woman their rightful place in society. In Malaysia there are still a great deal to be done. Women’s issues are inter-related with many aspects of our social life. Discrimination against women and failure to improve and recognize the rightful place of women affect many areas of our life. Women’s issues are also men’s issues. Men cannot leave the advancement of women’s rights to women only.
The Women’s Crisis Centre Network (WCC) has produced a handbook entitled “Working with rape survivors.” Before we can really talk about coping with rape issues the following beliefs and concepts about rape need to be discredited.
Myth 1 : Rape is sex.
Fact : Rape is violence, not sex. The main motive behind the act is the desire to
dominate, humiliate and degrade, not sexual desire.
Myth 2 : Men are unable to control their sexual desires, so rape is a spontaneous
assault.
Fact : A study in Philadelphia, USA, found that 71 percent of rape is
premeditated. The London Crisis Centre found that 63 percent of the rape cases are planned, only 14 percent is not pre-meditated.
Myth 3 : Women provoke rape.
Fact : No woman’s behaviour gives a man the right to rape her.
Myth 4 : Most rapists are strangers to the victims.
Fact : Police statistics in 2000 (Bukit Aman Police Headquarters) show the
percentage as follows:
(1) 20 percent were committed by family members whether related by blood or otherwise.
(2) 64 percent were by people whom the survivors knew but were not related to, such as friends, boyfriends, colleagues, employers.
(3) 16 percent were by strangers.
Myth 5 : Women can prevent rape if they want to.
Fact : The Philadelphia study noted that higher degrees of resistance provoked
higher degrees of violence, and the findings dispelled the myth that it is impossible to rape a struggling woman.
Myth 6 : Women are raped when they are out alone at night.
Fact : Figures from Bukit Aman shows that in 1998, 67 percent of rapes took
place in homes or buildings. Only 20 percent occurred in bushes, estates and other isolated places.
Myth 7 : There is no such thing as rape by a woman’s husband.
Fact : This is tied to the perception that a woman is the property of her husband
and therefore he has an absolute right over her body. When sexual intercourse is obtained through force and violence by the husband, it is no more sex but violence and pain to the wife. In our country the government has yet to make sex by force by the husband as a crime of rape.
Myth 8 : Women falsely accuse men of rape. If a woman is really raped, the first
thing that she will do is to tell somebody about it.
Fact : Various studies have shown that rape is a very underreported offence.
Estimates show that only a small proportion of women who have been raped report to the police. The average period between the rape incident and the survivor making a police report is 52 days (AWAM Rape Report:2001)
Myth 9 : It is easy to prosecute the offenders.
Fact : Only one out of ten rape cases end up with the successful conviction of the
rapist. Four out of five reported cases never make it to the Court (AWAM Rape Report : 2001)About 80 percent of cases reported to the police were dropped before charges are brought against the accused.
In term of physical strength a man is far superior to a woman. Men are also more mobile than woman in term of physical build. The fact that woman is responsible for childbearing speaks much of the difference in these two sexes.
In more advanced countries women groups have made great strides in claiming for woman their rightful place in society. In Malaysia there are still a great deal to be done. Women’s issues are inter-related with many aspects of our social life. Discrimination against women and failure to improve and recognize the rightful place of women affect many areas of our life. Women’s issues are also men’s issues. Men cannot leave the advancement of women’s rights to women only.
The Women’s Crisis Centre Network (WCC) has produced a handbook entitled “Working with rape survivors.” Before we can really talk about coping with rape issues the following beliefs and concepts about rape need to be discredited.
Myth 1 : Rape is sex.
Fact : Rape is violence, not sex. The main motive behind the act is the desire to
dominate, humiliate and degrade, not sexual desire.
Myth 2 : Men are unable to control their sexual desires, so rape is a spontaneous
assault.
Fact : A study in Philadelphia, USA, found that 71 percent of rape is
premeditated. The London Crisis Centre found that 63 percent of the rape cases are planned, only 14 percent is not pre-meditated.
Myth 3 : Women provoke rape.
Fact : No woman’s behaviour gives a man the right to rape her.
Myth 4 : Most rapists are strangers to the victims.
Fact : Police statistics in 2000 (Bukit Aman Police Headquarters) show the
percentage as follows:
(1) 20 percent were committed by family members whether related by blood or otherwise.
(2) 64 percent were by people whom the survivors knew but were not related to, such as friends, boyfriends, colleagues, employers.
(3) 16 percent were by strangers.
Myth 5 : Women can prevent rape if they want to.
Fact : The Philadelphia study noted that higher degrees of resistance provoked
higher degrees of violence, and the findings dispelled the myth that it is impossible to rape a struggling woman.
Myth 6 : Women are raped when they are out alone at night.
Fact : Figures from Bukit Aman shows that in 1998, 67 percent of rapes took
place in homes or buildings. Only 20 percent occurred in bushes, estates and other isolated places.
Myth 7 : There is no such thing as rape by a woman’s husband.
Fact : This is tied to the perception that a woman is the property of her husband
and therefore he has an absolute right over her body. When sexual intercourse is obtained through force and violence by the husband, it is no more sex but violence and pain to the wife. In our country the government has yet to make sex by force by the husband as a crime of rape.
Myth 8 : Women falsely accuse men of rape. If a woman is really raped, the first
thing that she will do is to tell somebody about it.
Fact : Various studies have shown that rape is a very underreported offence.
Estimates show that only a small proportion of women who have been raped report to the police. The average period between the rape incident and the survivor making a police report is 52 days (AWAM Rape Report:2001)
Myth 9 : It is easy to prosecute the offenders.
Fact : Only one out of ten rape cases end up with the successful conviction of the
rapist. Four out of five reported cases never make it to the Court (AWAM Rape Report : 2001)About 80 percent of cases reported to the police were dropped before charges are brought against the accused.
Profile of a rapist
In the writer' s search for more answers to the issue of rape, the writer has stumbled across a website known as “No Nonsense Self-Defense” http://www.nononsenseselfdefense.com/. With the permission of the owner of the site the writer would like to reproduce a section on the probable danger signs a potential rapist displays in his behaviour and daily conduct.
If the following traits are found in a person, take care. The more of those traits one observes, the more care one should take not to be alone with him. Even if such a person doesn't rape, these behavioral traits indicate serious character flaws.
Danger signs
1) Insensitivity to others/emphasis on self - Does this person put his needs above the needs, feelings or well being of others? Is getting his way more important to him than other people's welfare? Often this can go beyond mere selfishness and border on an "assumed divine right". These people justify a particularly vicious action with a flippant comment like, "Hey, that's how the game is played." Such a person does not understand that he must co-exist with others, he thinks the world "owes" him whatever he wants. A common tactic with such a person it to make you feel bad for not doing what he wants.
2) Belittling behavior or attitude towards others - Does this person habitually make nasty, belittling or degrading comments about others – especially under the guise of making jokes? Does this person think he is better than others? Does he look down on others? Is he a nouveau riche aristocrat? Is he a racist? A person who thinks that race or social position makes him superior may also assume that his gender does too. When someone thinks he are superior, an assumed right to ‘take’ what he want often follows.
3) Negating behavior or comments - Closely related to 1 and 2. Does he try to tell you what you should be feeling or thinking? Or worse, tell you what you are not? Comments like "you don’t really mean that" are serious indicators of someone trying to negate you. A person who negates others is trying to take away the other person’s thoughts, feelings and needs and attempting to project his wants onto that person. The most obvious example of this is "Well even though she says ‘no’, she really meants ‘yes’".4) Hostile and/or threatening language - What kind of words does a person use? The choice of words conveys subconscious assumptions about a particular topic. For example a man who generically refers to women as "bitches" does not have a good opinion about females (or much respect). It is all too easy to dismiss this behavior as just "letting off steam." But if it is a constant behavior, it goes far beyond that. Someone who habitually uses violent or threatening language should be carefully watched for a possible escalation of physical violence. It’s on his
mind already. It’s a uncomfortably short step from ‘thinking about it’ to ‘doing it’.
5) Bullying - This behavior is especially dangerous. Does this person use overt or subtle threats to get his way? A bully uses the threat of violence more than actual violence. Most often bullies are not willing to risk conflict with someone who can hurt them (an alpha male), and will instead chose to intimidate someone he considers weaker and safer. Someone who is a bully in other matters can easily turn to bullying you regarding sex.
6) Excessive anger - How easy does this person become angry? Is he a "short fuse"? Does he boil over at the slightest problem? This is an indication of chronic anger. A person who explodes over a minor issue is like a full pot boiling over on the stove. It’s not that the issue is all that important, but that he has so much anger in him already that any provocation causes him to explode. Often people with chronic anger look for targets to vent their anger on. This could be manifested as fights physical, abuse, or rape.
7) Brooding/ revenge - Does this person hang onto his anger long after the situation is over? Will he still be stewing over something when everyone else has moved on to other things? Will he become anti-social and glare at the source of his anger from across the room? Will he insist on taking revenge for real or imagined slights? Both reactions indicate a petty and obsessive personality. A brooder fixates on something and then works himself into a frenzy over it. A person who seeks revenge "has to win" and is willing to take it to extremes. Refusing such a person’s sexual advances can turn this tendency towards you.
8) Obsession – This is a close cousin to number seven. It is a major factor with acquaintance rapes. This is the person who won’t leave you alone. He insists on ‘hitting on you’ long after you have told him no. He is always trying to establish a forced intimacy (see ‘bonding process’ below). Such obsessions easily turn into anger when his advances are rejected. One day he shows up in a fringe area, drunk and attacks you.
9) Extreme mood swings - Beware of someone who can go from being wildly happy to being deeply wounded at a moment's notice. This sort of personality can feel justified in commit unlimited violence and damage, because you "hurt his feelings." This is a common pattern among those with a chronic anger about life.
10) Physical tantrums - How does this person get angry? Especially when denied, by "getting his way". Beware of a person who regularly physically assaults his environment i.e. hitting walls, kicking things etc. It is only a short step from striking a car to attacking you.11) Jock or gorilla mentality - This mentality promotes both acceptance and use of violence. It is especially common among participants of contact sports. What is most insidious about this mentality is that the "jock" receive not only positive reinforcement, but out-and-out applause for being aggressive and violent. This can easily lead to a failure to differentiate between the playing field and real life. Mike Tyson’s comment is a prime example: "Nobody ever objected before."
12) A mean drunk - Nearly all rape and abuse cases involve alcohol. Watch what surfaces when someone is intoxicated, it shows what is always lurking underneath. Do not put yourself into a situation where you would have to deal with such a person when he is intoxicated. Most importantly, don't allow your faculties to be diminished by alcohol or drugs in this person's presence.
13) Alcohol or drug abuse - To begin with drug and alcohol addiction can be traced back to selfishness and a refusal to change one’s world view. Alcohol and drugs are not the causes of bad behavior, rather they are used as excuses! Often the attacker intentionally became intoxicated so as to ignore the social restrictions and inhibitions regarding violence.
While there are others, these behavioral patterns are indicators of a potential rapist. Not all men are rapists, but a person are on more of these traits has a higher probability than others of being a rapist. You not only find these traits among rapists and abusers, but also professional criminals. Philosophically there is little difference between them, they are all selfish, it is just a matter of degree, style and choice of victims.
If the following traits are found in a person, take care. The more of those traits one observes, the more care one should take not to be alone with him. Even if such a person doesn't rape, these behavioral traits indicate serious character flaws.
Danger signs
1) Insensitivity to others/emphasis on self - Does this person put his needs above the needs, feelings or well being of others? Is getting his way more important to him than other people's welfare? Often this can go beyond mere selfishness and border on an "assumed divine right". These people justify a particularly vicious action with a flippant comment like, "Hey, that's how the game is played." Such a person does not understand that he must co-exist with others, he thinks the world "owes" him whatever he wants. A common tactic with such a person it to make you feel bad for not doing what he wants.
2) Belittling behavior or attitude towards others - Does this person habitually make nasty, belittling or degrading comments about others – especially under the guise of making jokes? Does this person think he is better than others? Does he look down on others? Is he a nouveau riche aristocrat? Is he a racist? A person who thinks that race or social position makes him superior may also assume that his gender does too. When someone thinks he are superior, an assumed right to ‘take’ what he want often follows.
3) Negating behavior or comments - Closely related to 1 and 2. Does he try to tell you what you should be feeling or thinking? Or worse, tell you what you are not? Comments like "you don’t really mean that" are serious indicators of someone trying to negate you. A person who negates others is trying to take away the other person’s thoughts, feelings and needs and attempting to project his wants onto that person. The most obvious example of this is "Well even though she says ‘no’, she really meants ‘yes’".4) Hostile and/or threatening language - What kind of words does a person use? The choice of words conveys subconscious assumptions about a particular topic. For example a man who generically refers to women as "bitches" does not have a good opinion about females (or much respect). It is all too easy to dismiss this behavior as just "letting off steam." But if it is a constant behavior, it goes far beyond that. Someone who habitually uses violent or threatening language should be carefully watched for a possible escalation of physical violence. It’s on his
mind already. It’s a uncomfortably short step from ‘thinking about it’ to ‘doing it’.
5) Bullying - This behavior is especially dangerous. Does this person use overt or subtle threats to get his way? A bully uses the threat of violence more than actual violence. Most often bullies are not willing to risk conflict with someone who can hurt them (an alpha male), and will instead chose to intimidate someone he considers weaker and safer. Someone who is a bully in other matters can easily turn to bullying you regarding sex.
6) Excessive anger - How easy does this person become angry? Is he a "short fuse"? Does he boil over at the slightest problem? This is an indication of chronic anger. A person who explodes over a minor issue is like a full pot boiling over on the stove. It’s not that the issue is all that important, but that he has so much anger in him already that any provocation causes him to explode. Often people with chronic anger look for targets to vent their anger on. This could be manifested as fights physical, abuse, or rape.
7) Brooding/ revenge - Does this person hang onto his anger long after the situation is over? Will he still be stewing over something when everyone else has moved on to other things? Will he become anti-social and glare at the source of his anger from across the room? Will he insist on taking revenge for real or imagined slights? Both reactions indicate a petty and obsessive personality. A brooder fixates on something and then works himself into a frenzy over it. A person who seeks revenge "has to win" and is willing to take it to extremes. Refusing such a person’s sexual advances can turn this tendency towards you.
8) Obsession – This is a close cousin to number seven. It is a major factor with acquaintance rapes. This is the person who won’t leave you alone. He insists on ‘hitting on you’ long after you have told him no. He is always trying to establish a forced intimacy (see ‘bonding process’ below). Such obsessions easily turn into anger when his advances are rejected. One day he shows up in a fringe area, drunk and attacks you.
9) Extreme mood swings - Beware of someone who can go from being wildly happy to being deeply wounded at a moment's notice. This sort of personality can feel justified in commit unlimited violence and damage, because you "hurt his feelings." This is a common pattern among those with a chronic anger about life.
10) Physical tantrums - How does this person get angry? Especially when denied, by "getting his way". Beware of a person who regularly physically assaults his environment i.e. hitting walls, kicking things etc. It is only a short step from striking a car to attacking you.11) Jock or gorilla mentality - This mentality promotes both acceptance and use of violence. It is especially common among participants of contact sports. What is most insidious about this mentality is that the "jock" receive not only positive reinforcement, but out-and-out applause for being aggressive and violent. This can easily lead to a failure to differentiate between the playing field and real life. Mike Tyson’s comment is a prime example: "Nobody ever objected before."
12) A mean drunk - Nearly all rape and abuse cases involve alcohol. Watch what surfaces when someone is intoxicated, it shows what is always lurking underneath. Do not put yourself into a situation where you would have to deal with such a person when he is intoxicated. Most importantly, don't allow your faculties to be diminished by alcohol or drugs in this person's presence.
13) Alcohol or drug abuse - To begin with drug and alcohol addiction can be traced back to selfishness and a refusal to change one’s world view. Alcohol and drugs are not the causes of bad behavior, rather they are used as excuses! Often the attacker intentionally became intoxicated so as to ignore the social restrictions and inhibitions regarding violence.
While there are others, these behavioral patterns are indicators of a potential rapist. Not all men are rapists, but a person are on more of these traits has a higher probability than others of being a rapist. You not only find these traits among rapists and abusers, but also professional criminals. Philosophically there is little difference between them, they are all selfish, it is just a matter of degree, style and choice of victims.
Rehabilitation of rape survivors
In Malaysia the Women’s Action Society (Awam) has formed a rape support group to help rehabilitate rape victims. Victims wishing to join this group can call Chen Lee Ping of Awam at 03-7877-4221 or email: awam@po.jaring.my
The penalty of years of imprisonment may deter people from committing rape. The rise of rape cases in Malaysia shows that the current punishment is not effective enough. It is time that the government considers a stiffer law for rape offenders to make the system more effective. Recently there has been suggestions by some quarters to even castrate rape offenders in incest cases. Good grounds for this argument must be provided.
Rape is a horrible crime no matter which angle we look at it. It is therefore an absolute necessity to clamp down on it. Stiff punishment and education of the public especially young women to take precautions will help contain this crime in the long run.
The penalty of years of imprisonment may deter people from committing rape. The rise of rape cases in Malaysia shows that the current punishment is not effective enough. It is time that the government considers a stiffer law for rape offenders to make the system more effective. Recently there has been suggestions by some quarters to even castrate rape offenders in incest cases. Good grounds for this argument must be provided.
Rape is a horrible crime no matter which angle we look at it. It is therefore an absolute necessity to clamp down on it. Stiff punishment and education of the public especially young women to take precautions will help contain this crime in the long run.
The victim’s suffering
What are the victim’s physical reactions and state of mind?
She may have concerns about pregnancy, venereal diseases and AIDS. Physical reactions may include fatigue, sleep disturbances, stomach pains, nausea, vaginal discharge, itching and burning and other types of pains.
Emotional reactions are flashbacks, nightmares, poor concentration, memory loss, guilt/self-blame, shame, anger, vulnerability, appetite change, fear, anxiety, denial and lack of trust.
After a period of time the victim is likely to suffer one of the following symptoms if she does not get proper support:
1. withdrawal
2. lowered self-esteemed, feeling dirty, powerless, naïve, stupid
3. restricted mobility, phobia, fear of being alone, fear of darkness
4. depression / restricted effects: wariness, emotional
5. sexual dysfunction: fear of sex, numbing, sometimes promiscuity
Everybody should take a serious view of the damage done to a rape victim and should treat her with great care and sensitivity. A person’s life may be ruined if it is not handled in proper way after this traumatic experience.
The writer urges government and non-government bodies to study this matter seriously and to explore how where rehabilitation of these unfortunate group of people can be speeded up so that they can live life with confidence.
She may have concerns about pregnancy, venereal diseases and AIDS. Physical reactions may include fatigue, sleep disturbances, stomach pains, nausea, vaginal discharge, itching and burning and other types of pains.
Emotional reactions are flashbacks, nightmares, poor concentration, memory loss, guilt/self-blame, shame, anger, vulnerability, appetite change, fear, anxiety, denial and lack of trust.
After a period of time the victim is likely to suffer one of the following symptoms if she does not get proper support:
1. withdrawal
2. lowered self-esteemed, feeling dirty, powerless, naïve, stupid
3. restricted mobility, phobia, fear of being alone, fear of darkness
4. depression / restricted effects: wariness, emotional
5. sexual dysfunction: fear of sex, numbing, sometimes promiscuity
Everybody should take a serious view of the damage done to a rape victim and should treat her with great care and sensitivity. A person’s life may be ruined if it is not handled in proper way after this traumatic experience.
The writer urges government and non-government bodies to study this matter seriously and to explore how where rehabilitation of these unfortunate group of people can be speeded up so that they can live life with confidence.
Surviving rape
The victim has suffered great emotional and bodily pain. The scars would take many months or years to heal or they may not heal at all. Recovery is slow for a rape victim. The government should provide the necessary professional guidance to anyone who has suffered from this tragic and sad incident.
Police investigation procedures
The following are steps in a normal investigation.
(1) Victim lodges a police report
(2) Statement by the victim.
The statement will be taken by female officers from the Sexual Assault Unit. If the victim is a child, the mother or guardian is required to be with her. An investigation paper will only be open when there is proof of penetration.
(3) Visiting the scene of the crime.
It is important to examine the scene where the crime took. If the victim has not suffered serious injuries and is able to walk, she should be brought there to pinpoint the spot where the offence took place so that evidence of the crime can be collected and used in prosecuting the offender.
(4) Medical Examination
The victim will then be brought to the hospital in an ordinary car accompanied by plain clothed women police officers, this is to avoid the public scrutiny which will add more to her suffering. The victim will have to provide vaginal swab, scalp hair, pubic hair and nail scrapings for the doctor to match whatever evidence has been collected from the crime scene.
The victim should furnish all necessary evidence of injuries to the police and medical officers within 72 hours. After this time frame bruises may have healed, marks and other crucial evidence such as semen, stains and blood on the body may have been washed away.
(5) Identifying the suspect.
The victim’s next task is to identify the suspect. It has been suggested that a one way mirror be used in the identification process to avoid putting the victim through further pain and agony. Although the benefit of the doubt must always given to the accused, in rape cases where victim has been traumatized, it is fair that steps be taken to smoothen the legal process to minimize any unnecessary inconveniences to the victim.
(6) Arrest of the suspect.
In the event someone is picked out by the victim from the identification parade, the police will detain him for investigation. If there is sufficient evidence to charge the suspect the police will do so, otherwise he will be released.
(1) Victim lodges a police report
(2) Statement by the victim.
The statement will be taken by female officers from the Sexual Assault Unit. If the victim is a child, the mother or guardian is required to be with her. An investigation paper will only be open when there is proof of penetration.
(3) Visiting the scene of the crime.
It is important to examine the scene where the crime took. If the victim has not suffered serious injuries and is able to walk, she should be brought there to pinpoint the spot where the offence took place so that evidence of the crime can be collected and used in prosecuting the offender.
(4) Medical Examination
The victim will then be brought to the hospital in an ordinary car accompanied by plain clothed women police officers, this is to avoid the public scrutiny which will add more to her suffering. The victim will have to provide vaginal swab, scalp hair, pubic hair and nail scrapings for the doctor to match whatever evidence has been collected from the crime scene.
The victim should furnish all necessary evidence of injuries to the police and medical officers within 72 hours. After this time frame bruises may have healed, marks and other crucial evidence such as semen, stains and blood on the body may have been washed away.
(5) Identifying the suspect.
The victim’s next task is to identify the suspect. It has been suggested that a one way mirror be used in the identification process to avoid putting the victim through further pain and agony. Although the benefit of the doubt must always given to the accused, in rape cases where victim has been traumatized, it is fair that steps be taken to smoothen the legal process to minimize any unnecessary inconveniences to the victim.
(6) Arrest of the suspect.
In the event someone is picked out by the victim from the identification parade, the police will detain him for investigation. If there is sufficient evidence to charge the suspect the police will do so, otherwise he will be released.
Prosecuting a rape case.
To prove that a rape has been committed is not an easy task. The police must establish that A, the accused had actually had sexual intercourse with B without her consent. The police must prove beyond reasonable doubt that B had not consented to the sexual act. The proof furnished must be established “beyond reasonable doubt”, which means that as long as A can show to the Court that a single doubt exists he will be acquitted. A doctor’s testimony during a rape trial is very important in establishing the victim’s case. The rape victim after the incident must immediately call for help. She should contact whoever she can get. In order to prove her case she must show to the Court not only through her words but also the testimony words of others like people who received her call during her time of distress and also the doctor’s report on his examination of the victim body immediately after the rape incident. The victim must not delay in reporting the matter to the police as any delay will weaken her case against the culprit. The more evidence, either from physical items or verbal testimonies, the better for the victim in building up her case.
Consent not relevant when the victim is below the age of 16
Consent is not relevant when the rape victim is below the age of 16. Any male person who has a sexual relationship with a female below 16 even though the latter agrees to it, has committed the crime of rape.
THE CRIME OF RAPE
Consent and the Crime of Rape
Consent is an important element in the crime of rape. The law says that if A has sexual intercourse with B without B’s consent then it is rape. Rape is considered to have committed only when there is a penetration of the male sexual organ into the rape victim’s vagina. It is important to note that consent to have sexual relationship must be genuine. If the man cheats the girl into consenting, it is a rape also. The consent must be genuine.
Consent is an important element in the crime of rape. The law says that if A has sexual intercourse with B without B’s consent then it is rape. Rape is considered to have committed only when there is a penetration of the male sexual organ into the rape victim’s vagina. It is important to note that consent to have sexual relationship must be genuine. If the man cheats the girl into consenting, it is a rape also. The consent must be genuine.
Consenting relationships and sexual harassment
The difference between a consenting relationship and a sexual harassment is whether a relationship is generated by a mutual desire between two people to know one another. In a sexual harassment one party feels hurt by the conduct of the other party whose motive is to gain pleasure out of harassing the other.
Prevention is better than prosecution
Prevention is a better strategy. It is well known that sexual harassment is a rather subtle form of crime, it is important to educate the people involved to be aware of the consequences of committing it. The time spent prosecuting of this crime is long and costly. It would be wiser for the authorities to create this awareness among all levels of management so that such activities would not lead to a loss of production and misery for all sides.
If action taken against the harasser, animosity between two parties may be created, and the bad feelings generated could lead to many negative developments.
If action taken against the harasser, animosity between two parties may be created, and the bad feelings generated could lead to many negative developments.
Proposal for a specific law on sexual harassment
On 30th March, 2003, a group of women organizations known as the Joint Action Group Against Violence Against Women (J.A.G) forwarded a memorandum on a Proposed Sexual Harassment Bill to the Ministry of Human Resources. We wait to see when this proposed Bill will be accepted by the government and made into law.
Meanwhile what should you do if you are being harassed by someone?
The Women’s Aid Organization has recommended the following course of action :
(1) Tell the harasser that his behavior is unwelcome. You must state this very firmly so that he knows that you really mean business.
(2) You can write a letter to the offender. State in the letter the date and time of his unwelcome behavior. Warn him that you will take action if he still carries on with this behavior. Put your signature and date to the letter. Make a copy for your personal records and make arrangements to have someone witnesses you give your letter to the offender.
(3) Record all details of each event: date, time, location, what happened, what was said, how you felt, and the names of any witnesses or others victimized by this person.
(4) If the harasser continues with his conduct, talk to someone in your organization who could help; personnel officer, sexual harassment officer (if there is one), union representative.
(5) If the harasser is your manager or supervisor, speak to someone more senior or seek help from the Labor Office or organizations that will provide counseling and assistance.
Meanwhile what should you do if you are being harassed by someone?
The Women’s Aid Organization has recommended the following course of action :
(1) Tell the harasser that his behavior is unwelcome. You must state this very firmly so that he knows that you really mean business.
(2) You can write a letter to the offender. State in the letter the date and time of his unwelcome behavior. Warn him that you will take action if he still carries on with this behavior. Put your signature and date to the letter. Make a copy for your personal records and make arrangements to have someone witnesses you give your letter to the offender.
(3) Record all details of each event: date, time, location, what happened, what was said, how you felt, and the names of any witnesses or others victimized by this person.
(4) If the harasser continues with his conduct, talk to someone in your organization who could help; personnel officer, sexual harassment officer (if there is one), union representative.
(5) If the harasser is your manager or supervisor, speak to someone more senior or seek help from the Labor Office or organizations that will provide counseling and assistance.
Sexual harassment by your employer
If your boss makes sexual advances which you do not like, or you resist any attempt made by him as a result of which you are asked to leave the employment or you leave the employment out of frustration you may refer this matter to the Industrial Court.
Even though we do not have a clear set of law dealing with sexual harassment offences, there are cases where individuals or companies have been held liable for this offence although the number is not high.
Even though we do not have a clear set of law dealing with sexual harassment offences, there are cases where individuals or companies have been held liable for this offence although the number is not high.
What should you do if you are being sexually harassed by someone?
Let’s take a closer look how a victim seeks protection under the law in Malaysia.
Under the Penal Code where you can lodge a police report about a person who harasses you. But as sexual harassment is such a subtle crime it is difficult for the police to gather evidence in order to charge the offender in Court.
Section 509 of the Penal Code reads as follows:
“Whoever, intending to insult the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any objects, intending that such word or sound should be heard, or that such gesture or object shall be seen by such woman, or intrudes upon the privacy of such woman, shall be punished with imprisonment for a term which may extend to five years or with fine, or with both”.
In Malaysia we do not have a set of laws dealing specifically with sexual harassment. If the harassment does not take place in the workplace, you have little hope of nailing the offender as our law is still very inadequate in dealing offences of this nature.
The Malay Mail on 20th June 2002 reported the case of a woman called Siti, who claimed that a jobless man, known to her as Izanee, had called her countless times at her office, stalked her at home and sent her letters, cards and posters with gross and lewd messages. Siti lodged a police report on Aug 7 last year, handing over a bag of cards, posters and letters sent by the man. However, she was disappointed when the police informed her that there was nothing they could do, as she was not physically harmed. The above is a clear case of sexual harassment as provided under section 509 of the Penal Code. However Siti must provide sufficient evidence to the police in order for them to take action. Beside the letters and calls, she needed a witness who would have seen the incident or heard the call. The police can then take action by proving that the letter is written by the offender. The proof required has to be “beyond reasonable doubt”.
If harassment takes place in the work place you may be able to refer the matter to the Labour office which handles the majority of sexual harassment cases. Such harassment could come from your male colleagues or male superiors.
Under the Penal Code where you can lodge a police report about a person who harasses you. But as sexual harassment is such a subtle crime it is difficult for the police to gather evidence in order to charge the offender in Court.
Section 509 of the Penal Code reads as follows:
“Whoever, intending to insult the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any objects, intending that such word or sound should be heard, or that such gesture or object shall be seen by such woman, or intrudes upon the privacy of such woman, shall be punished with imprisonment for a term which may extend to five years or with fine, or with both”.
In Malaysia we do not have a set of laws dealing specifically with sexual harassment. If the harassment does not take place in the workplace, you have little hope of nailing the offender as our law is still very inadequate in dealing offences of this nature.
The Malay Mail on 20th June 2002 reported the case of a woman called Siti, who claimed that a jobless man, known to her as Izanee, had called her countless times at her office, stalked her at home and sent her letters, cards and posters with gross and lewd messages. Siti lodged a police report on Aug 7 last year, handing over a bag of cards, posters and letters sent by the man. However, she was disappointed when the police informed her that there was nothing they could do, as she was not physically harmed. The above is a clear case of sexual harassment as provided under section 509 of the Penal Code. However Siti must provide sufficient evidence to the police in order for them to take action. Beside the letters and calls, she needed a witness who would have seen the incident or heard the call. The police can then take action by proving that the letter is written by the offender. The proof required has to be “beyond reasonable doubt”.
If harassment takes place in the work place you may be able to refer the matter to the Labour office which handles the majority of sexual harassment cases. Such harassment could come from your male colleagues or male superiors.
The Code of Practice on the prevention and eradication of sexual harassment
Code which spells out the meaning of sexual harassment has been drawn up by the Ministry of Human Resources, which recommends method of dealing with this issue as far as Malaysia is concerned. The Ministry hopes that the management in all companies will introduce the code in the workforce so that men may show respect to the women in the work place and to prevent this offence from happening. The way to prevent this crime is to create awareness among all levels of personnel about its serious implication and the resultant punishment an offender will face.
The Code is only a recommendation by the Ministry of Human Resources to companies in Malaysia. It has no force of law, so it is not compulsory for companies to implement it. According to research done some companies in Malaysia have adopted the Code but each company has its own way of dealing with the matter.
The Code is only a recommendation by the Ministry of Human Resources to companies in Malaysia. It has no force of law, so it is not compulsory for companies to implement it. According to research done some companies in Malaysia have adopted the Code but each company has its own way of dealing with the matter.
SEXUAL HARASSMENT
Meaning of sexual harassment
There are many type of conduct and behavior which can constitute sexual harassment. The scope of the definition of sexual harassment is very wide. The main criteria are that the victim must suffer harassment or embarrassment from the harasser. And such action from the harasser is not welcome by the victim.
A woman or young girl who has been subjected to this type of harassment is usually an employee of the harasser. The weak and powerless are always subjected to bullying by the strong and powerful. If a girl happens to be good looking and sexy she may be the subject of her superior’s attention.
Gestures alone can amount to sexual harassment. It is not necessary that there must have been physical contact between the victim and the offender. Language from the offender which are very annoying and embarrassing can constitute sexual harassment. It is perpetuated because the employee does not have the courage to take up action or to fight back. The threat of loss of employment is also a reason for victim’s continued silence.
There are many type of conduct and behavior which can constitute sexual harassment. The scope of the definition of sexual harassment is very wide. The main criteria are that the victim must suffer harassment or embarrassment from the harasser. And such action from the harasser is not welcome by the victim.
A woman or young girl who has been subjected to this type of harassment is usually an employee of the harasser. The weak and powerless are always subjected to bullying by the strong and powerful. If a girl happens to be good looking and sexy she may be the subject of her superior’s attention.
Gestures alone can amount to sexual harassment. It is not necessary that there must have been physical contact between the victim and the offender. Language from the offender which are very annoying and embarrassing can constitute sexual harassment. It is perpetuated because the employee does not have the courage to take up action or to fight back. The threat of loss of employment is also a reason for victim’s continued silence.
The natural father is by law bound to provide maintenance and support to his children
If you have children as a result of cohabiting with a man who does not marry you (by custom or legally) what can you do?
The law says that the natural father has to be responsible for the support and care of his children. If you are not sure of your rights, you can visit the legal aid bureau or any women’s aid organization to find out about your rights to claim for support and maintenance of your children from his/her natural father.
The law says that the natural father has to be responsible for the support and care of his children. If you are not sure of your rights, you can visit the legal aid bureau or any women’s aid organization to find out about your rights to claim for support and maintenance of your children from his/her natural father.
Contribution need not be in monetary form.
Money is not only the factor when considering who contributed more towards a particular property. The Court will also consider contributions besides money. A wife who stays at home and looks after the children, who does all the cooking and washing contributes also to the matrimonial properties.
The Court consider these kinds of contribution and when making a division of the properties will give the wife a reasonable share even though she may not have put in a single cent into the house(s). These principles of fairness and equality are also adopted by the Syariah Court in the distribution of properties at a divorce.
The Court consider these kinds of contribution and when making a division of the properties will give the wife a reasonable share even though she may not have put in a single cent into the house(s). These principles of fairness and equality are also adopted by the Syariah Court in the distribution of properties at a divorce.
How are properties distributed?
Financial contributions made by spouses and the properties that they acquire during their marriage are known as matrimonial properties. The marriage of two persons means not only the union of two persons but also the collective ownership of whatever things that they purchase during their time as husband and wife. The common needs of the spouses lead to the acquisition of properties like the family house, cars, and joint accounts in the banks.
A marriage break-up gives rise to the issue of how these properties should be apportioned between the parties. The needs of the children once again come into picture. The Court will act in accordance to the needs of the children.
A marriage break-up gives rise to the issue of how these properties should be apportioned between the parties. The needs of the children once again come into picture. The Court will act in accordance to the needs of the children.
The role of the guardian
Control of an infant (especially over education and property) is in the hands of the guardian. This is a very important aspect of the law. The guardian is usually the father or mother of the infant. In non-Muslim law, any person below the age of 21 is considered an infant; in Islamic law, the cut-off age is 18. The Guardianship of Infants Act 1961 previously gave only the father the right of control over an infant; now it has been amended to give the mother equal right as well.
The Act says that the guardian of the child must act with great care about to the property of the infant. He may not sell property belonging to the infant without getting the Court ‘s approval. The Court will study the needs of the infant before considering whether the property may be sold .
The Act says that the guardian of the child must act with great care about to the property of the infant. He may not sell property belonging to the infant without getting the Court ‘s approval. The Court will study the needs of the infant before considering whether the property may be sold .
How much should the parties contribute?
The family lifestyle becomes an important factor for the Court when deciding how much one party must contribute. How much should be given by one party, usually the husband in order to maintain the family? If the family before the breakup enjoyed a high standard of living then the husband must make sure that it is continued unless he can prove to the Court that he has suffered a sudden financial loss and is incapable of continuing doing so. The money is always for the purpose of supporting the children.
The husband’s income before a divorce will determine the amount of money to be paid by him for the care of his children. Likewise, if a wife before the divorce, had habitually contributed a sum of money towards maintaining the home, then she will have to continue with the payment as well unless there are exceptional circumstances.
The husband’s income before a divorce will determine the amount of money to be paid by him for the care of his children. Likewise, if a wife before the divorce, had habitually contributed a sum of money towards maintaining the home, then she will have to continue with the payment as well unless there are exceptional circumstances.
Welfare of the children takes priority over other matters
The happiness of the children is the overriding factor when the Court is considering the issue of custody. The well-being and development of the children will feature most importantly in the judge’s consideration, while the interests of husband and wife are of secondary significance.
The Court only wants to make sure that despite the break-up of the family unit, children will enjoy a stable and comfortable life without many disturbances.
Whether the wife has more time or is more capable of handling the children or the husband’s mother or sister is available is of less importance in the case of children above the age of 7.
The Court jealously protects well-being of the children. No one can take away the right of the child to live a life of his or her own to his or her best ability. The family break-up will not. This seems to be the basic principles the Court exercises.
The Court’s ensures that the selfish desires of the divorcing husband and wife shall not have anything to do with the custody of children.
The well being of the children can only be assumed if the husband and wife look beyond their selfish needs and focus only on the needs of their children.
The children’s education is an important area in the issue of maintenance. The cost of educational be borne by the husband or the wife.
The Court only wants to make sure that despite the break-up of the family unit, children will enjoy a stable and comfortable life without many disturbances.
Whether the wife has more time or is more capable of handling the children or the husband’s mother or sister is available is of less importance in the case of children above the age of 7.
The Court jealously protects well-being of the children. No one can take away the right of the child to live a life of his or her own to his or her best ability. The family break-up will not. This seems to be the basic principles the Court exercises.
The Court’s ensures that the selfish desires of the divorcing husband and wife shall not have anything to do with the custody of children.
The well being of the children can only be assumed if the husband and wife look beyond their selfish needs and focus only on the needs of their children.
The children’s education is an important area in the issue of maintenance. The cost of educational be borne by the husband or the wife.
Children below the age of 7
Natural mothers will always be given the right to custody for children who are below the age of 7. The Law Reform(Marriage & Divorce) Act,1976 provides that it is indisputable that natural mothers have the strongest bond with their children. The mother may be a wrongful party in the divorce, but will be given custody out of biological reasons and the usual strong ties between mother and child.
RIGHTS OF CUSTODY AND MAINTENANCE
Who shall have the right of custody of children after a divorce?
The right to custody is the control of the children’s movements, their education and their daily needs. In divorce the most important consideration is who shall have custody of the children of the marriage? The well being of the children is of great importance after the Court has granted a divorce.
The welfare of the children should not be jeopardized even though the parents are divorced and not on good terms.
The right to custody is the control of the children’s movements, their education and their daily needs. In divorce the most important consideration is who shall have custody of the children of the marriage? The well being of the children is of great importance after the Court has granted a divorce.
The welfare of the children should not be jeopardized even though the parents are divorced and not on good terms.
What happens if the husband does not agree to a divorce?
What can the wife do if she thinks that her marriage has broken down, and she does not wish to continue with it, but her husband is against it, and refuses to sign the Petition? The wife should consult her lawyer or if she cannot afford a lawyer, contact the Legal Aid Bureau or go the Legal Aid Center (particulars are provided at the end of this book) organized by the Bar Council, or consult a Women’s Aid Organization for help. Do remember that it is not for her husband to decide whether she is entitled to a divorce, the decision lies with the Court.
If the husband does not agree to a divorce, the Reconciliation Board as mentioned above comes into picture. The wife will have to make an appointment to see the officer there. If after a few counseling sessions, the outcome is negative, a letter will be issued for the wife to proceed with divorce proceedings.
If the husband does not agree to a divorce, the Reconciliation Board as mentioned above comes into picture. The wife will have to make an appointment to see the officer there. If after a few counseling sessions, the outcome is negative, a letter will be issued for the wife to proceed with divorce proceedings.
Judicial separation
If the wife is not sure whether to proceed with divorcing her husband she can apply to the Court for a judicial separation. The procedures are the same.
A judicial separation enables the wife and and her husband to lively separately even though both of them remain married.
If the wife intends to file for divorce after the separation , the process will be simpler as the separation will provide enough ground for the divorce to be granted.
A judicial separation enables the wife and and her husband to lively separately even though both of them remain married.
If the wife intends to file for divorce after the separation , the process will be simpler as the separation will provide enough ground for the divorce to be granted.
The effects of a divorce
‘Freedom’ is the result of a divorce. The husband after a divorce can freely enter into a legal relationship with another woman. The wife too can marry a person whom she loves. However, certain obligations are still binding on the parties by the terms of the divorce. If the husband agrees to pay RM1500/= per month to his former wife and children then he must adhere to it, otherwise the wife can apply to the Court to order him to do so. Properties of the marriage will be divided according to the terms mutually agreed upon between the parties.
What can the wife do pending the divorce?
Before the Court makes a decision on the Petition for Dissolution of the marriage, the wife can apply to the Court for the following orders:
(1) An order from the Court (in legal jargon it is known as ‘Injunction’) to stop the husband from molesting the wife.
(2) The wife can also apply for an injunction to stop her husband from selling or transferring his properties to others with the intention that the wife will not be able to get her rightful share when the Court proceeds to distribution of matrimonial properties (properties acquired during the marriage.) The Court can set aside any transfer of property were purchased three years before the divorce petition.
(3) The wife can also ask for a temporary order from the Court for maintenance of herself and the children and right of custody of the children.
(1) An order from the Court (in legal jargon it is known as ‘Injunction’) to stop the husband from molesting the wife.
(2) The wife can also apply for an injunction to stop her husband from selling or transferring his properties to others with the intention that the wife will not be able to get her rightful share when the Court proceeds to distribution of matrimonial properties (properties acquired during the marriage.) The Court can set aside any transfer of property were purchased three years before the divorce petition.
(3) The wife can also ask for a temporary order from the Court for maintenance of herself and the children and right of custody of the children.
What happens if the husband converts to the Islamic faith?
Another interesting area is what happens if the husband, who is having affairs upon the wife’s objection, threatens to convert to Islam as the religion allows a man to have four wives at any one time (although subject to conditions laid down by the Koran) Can the husband do it and be free from all obligations as a husband? The answer is no. The husband’s Islamic marriage will not affect his existing marriage. The woman’s marriage with her husband is still good and intact. The woman’s husband still has to uphold his duty as husband to her and father to the children under the existing non-Muslim marriage.
Two years must pass before the wife can apply for a divorce
Either party may file for divorce only two years after the date a marriage is registered. This is the general rule; there are exceptions, but a Court order must be obtained if the wife wishes to divorce within the two years’ period.
Monday, July 16, 2007
Reconciliation Board
The Reconciliation Board functions to help a couple to reconcile if it is possible to do so. If only one party files for divorce, a letter to say that the marriage is irreconcilable from the Reconciliation Board is necessary before he/she can proceed.
It is important to note that the letter from the Reconciliation Board will allow a person to proceed to file divorce proceedings even though the other party does not agree to it.
It is necessary for the parties to attend the Board meeting, failure by both parties to attend the meeting will result in the Board calling for a fresh meeting sessions again, this will be a waste of time for the party who is really keen to have the divorce done with.
It used to be the case when both parties fail to turn up the Board will still issue a certificate for the parties to proceed with the divorce. But this practice seems to have changed. It is necessary now for at least one party to turn up for the meeting. As far as the blogger knows this is the case in Melaka.
It is important to note that the letter from the Reconciliation Board will allow a person to proceed to file divorce proceedings even though the other party does not agree to it.
It is necessary for the parties to attend the Board meeting, failure by both parties to attend the meeting will result in the Board calling for a fresh meeting sessions again, this will be a waste of time for the party who is really keen to have the divorce done with.
It used to be the case when both parties fail to turn up the Board will still issue a certificate for the parties to proceed with the divorce. But this practice seems to have changed. It is necessary now for at least one party to turn up for the meeting. As far as the blogger knows this is the case in Melaka.
Unreasonable behavior and the welfare of the children
The Court will take into account all factors considering whether a particular behavior is ‘unreasonable’. The Court must weigh all factors put forward by both parties when deciding whether to grant a divorce. The long-term well being of the children is of prime consideration, if there are children to the marriage. The Court has to strike a balance between the petitioner and the needs of the family, including the welfare of the children in the event a divorce is granted.
It is very important that the unreasonable behavior must outweigh all other positive aspects of the marriage. It must be so serious as to make continuity of the relationship pointless, and cause suffering to the children should the marriage continue.
It is very important that the unreasonable behavior must outweigh all other positive aspects of the marriage. It must be so serious as to make continuity of the relationship pointless, and cause suffering to the children should the marriage continue.
Desertion
Desertion by one spouse of another is one accepted reason for divorce. The desertion must be of a certain duration, two years and which must be continuous.
A long period of absence by one spouse without sexual relationship during that period must last for at least two years.
The parties must be living apart prior to the divorce proceedings taking place. It is very important that there must be no ‘break’ in this desertion, the two must not have met during this period, even for brief period. This is the requirement of the law. Proof of staying apart is necessary to show that the relationship has actually coming to a standstill, and it is no point continuing further.
A long period of absence by one spouse without sexual relationship during that period must last for at least two years.
The parties must be living apart prior to the divorce proceedings taking place. It is very important that there must be no ‘break’ in this desertion, the two must not have met during this period, even for brief period. This is the requirement of the law. Proof of staying apart is necessary to show that the relationship has actually coming to a standstill, and it is no point continuing further.
Proof that the spouse is having an affair with another
Proof of adultery or that one of the spouses is having an affair with another person is a difficult awkward task in real life. However the process rarely takes place in the Court. When a relationship has turned so bad or one party is so tired of it, a compromise will somehow be made; although not without tear and sometimes, great unwillingness, especially on the issue of child custody, just to great rid of the whole thing.
Couples who come to Court to have their marriage dissolved actually suffer a great deal. From the beginning, when the children are still young, try to cultivate a mutual respectful relationship between you and your marriage partner to avoid this eventuality.
Couples who come to Court to have their marriage dissolved actually suffer a great deal. From the beginning, when the children are still young, try to cultivate a mutual respectful relationship between you and your marriage partner to avoid this eventuality.
The marriage must have broken down beyond any hope of recovery
The marriage must have broken down beyond any hope. This is one of the requirements. In what way can we say that the breakdown has been unavoidable? The Court will look at each case separately and consider all the factors. It will also look at former cases for guidance.
We must be careful when making an application to the Court for a marriage to be dissolved, even if both parties agree to it. If the marriage has children below the age of 18, arrangements must be made to the satisfaction of the Court before a divorce can be allowed. This is to ensure that the children’s interests are protected.
The Court will decide whether a marriage really cannot be saved. The couple or spouse who approaches the lawyers has usually already made up their minds. It is very difficult for the lawyer to persuade him/her to think otherwise. Great damage must have been done to the relationship that one of the parties is willing to go through all the hassle of the Court’s proceedings and have the will to fight for the custody of the children. Usually when someone goes to his or her lawyer to seek advice on a divorce, the chances are very slim indeed to save the marriage. However, lawyers will usually try to persuade them to reconcile especially when there are very young children in the marriage.
We must be careful when making an application to the Court for a marriage to be dissolved, even if both parties agree to it. If the marriage has children below the age of 18, arrangements must be made to the satisfaction of the Court before a divorce can be allowed. This is to ensure that the children’s interests are protected.
The Court will decide whether a marriage really cannot be saved. The couple or spouse who approaches the lawyers has usually already made up their minds. It is very difficult for the lawyer to persuade him/her to think otherwise. Great damage must have been done to the relationship that one of the parties is willing to go through all the hassle of the Court’s proceedings and have the will to fight for the custody of the children. Usually when someone goes to his or her lawyer to seek advice on a divorce, the chances are very slim indeed to save the marriage. However, lawyers will usually try to persuade them to reconcile especially when there are very young children in the marriage.
Under what conditions can a woman obtain a divorce?
A divorce will be granted by the Court if it considers it proper to do so after considering all the factors. The important word to remember here is ‘breakdown’. Marriage must be proven to be irretrievably broken down.
Divorce has become very common nowadays as women become more aware of their rights, and they are unwilling to remain in an unsatisfactory relationships for too long.
In considering whether a marriage has irretrievably broken down the Court will look into
one or more of the following factors:
Divorce has become very common nowadays as women become more aware of their rights, and they are unwilling to remain in an unsatisfactory relationships for too long.
In considering whether a marriage has irretrievably broken down the Court will look into
one or more of the following factors:
DIVORCE
Being free from marital obligations and the freedom to marry again, are result of a breaking up of an existing marriage. The dissolution of a marriage, which is also known as divorce, must be done through the Court. A marriage can be dissolved by the Court through the application or petition by both parties involved, or by the husband or wife only.
Resources on the Internet
(1) Women’s Aid Organisation
http://www.wao.org.my
This site provides a number of services for women who are victims of various forms of abuse. WAO provides refuge to homeless women and children as a result of domestic violence. It also has telephone counseling and face- to- face services and an Anak Angkat Programme.
(2) Ministry of Women and Family Development
http://www.kpwk.gov.my
A site by the Ministry which lists programs and activities. It also has a counseling services, e-forum, special aid and etc.
(3) All Women Action Society
http://www.e-awam.com/
This is a Malaysia-based non-profit making women’s organization.
It offers counseling and legal advice for women in crisis. It also carries out research and conduct training.
The Society is open to all women above 18 years of age, residing in Selangor or the Federal Territory. People from other States can join as associate members. The annual fee is RM20/= for both categories. Email : Equiry@e-awam.com
(4) Women’s Centre for Change (WCC)
http://www.wccpenang.org
A voluntary, non-profit organization dedicated to enhancing women’s status in society and supporting women and children in crisis.
(5) The Association for Women’s Rights in Development (AWID)
http://www.awid.org/
This is an international organization by membership connecting, informing and mobilizing people and organizations committed to achieving gender equality, sustainable development and human rights for woman. This organization was founded on 1982. AWID has held international forums and has many programs aimed at promoting the well-being of women in society.
(6) Muslim Women’s League (MWL)
http://www.mwlusa.org/
MWL is a nonprofit American Muslim Organization. Its purpose is to promote the values of Islam and thereby reclaim the status of women as free, vital contributors to Islam. He author believes our Muslim sisters will benefit from browsing this site.
(7) Women’s Learning Partnership for Rights, Development, and Peace (WLP)
http://www.learningpartnership.org
This is a world NGO body for women, its emphasis is on the poorer and developing countries of the South. It provides leadership training and has an international network of experts. It has partner organizations located in Africa, Asia and the Middle East.
(8) Men Stopping Violence
http://www.menstoppingviolence.org/
This US-based organization was founded in 1982. It holds classes for men who abuse their wives. The approach is constructive and positive, it has, for example, a 24 week course for men who want to change their behaviour.
http://www.wao.org.my
This site provides a number of services for women who are victims of various forms of abuse. WAO provides refuge to homeless women and children as a result of domestic violence. It also has telephone counseling and face- to- face services and an Anak Angkat Programme.
(2) Ministry of Women and Family Development
http://www.kpwk.gov.my
A site by the Ministry which lists programs and activities. It also has a counseling services, e-forum, special aid and etc.
(3) All Women Action Society
http://www.e-awam.com/
This is a Malaysia-based non-profit making women’s organization.
It offers counseling and legal advice for women in crisis. It also carries out research and conduct training.
The Society is open to all women above 18 years of age, residing in Selangor or the Federal Territory. People from other States can join as associate members. The annual fee is RM20/= for both categories. Email : Equiry@e-awam.com
(4) Women’s Centre for Change (WCC)
http://www.wccpenang.org
A voluntary, non-profit organization dedicated to enhancing women’s status in society and supporting women and children in crisis.
(5) The Association for Women’s Rights in Development (AWID)
http://www.awid.org/
This is an international organization by membership connecting, informing and mobilizing people and organizations committed to achieving gender equality, sustainable development and human rights for woman. This organization was founded on 1982. AWID has held international forums and has many programs aimed at promoting the well-being of women in society.
(6) Muslim Women’s League (MWL)
http://www.mwlusa.org/
MWL is a nonprofit American Muslim Organization. Its purpose is to promote the values of Islam and thereby reclaim the status of women as free, vital contributors to Islam. He author believes our Muslim sisters will benefit from browsing this site.
(7) Women’s Learning Partnership for Rights, Development, and Peace (WLP)
http://www.learningpartnership.org
This is a world NGO body for women, its emphasis is on the poorer and developing countries of the South. It provides leadership training and has an international network of experts. It has partner organizations located in Africa, Asia and the Middle East.
(8) Men Stopping Violence
http://www.menstoppingviolence.org/
This US-based organization was founded in 1982. It holds classes for men who abuse their wives. The approach is constructive and positive, it has, for example, a 24 week course for men who want to change their behaviour.
Proposals and suggestions
(1) Time taken to apply for a Protection Order
Time is the most important factor in applying for a temporary protection order. The law should be amended so that it requires less time to obtain an order, for example, waiving the rule that a welfare officer must be present for the application proceedings is because the victim is in imminent danger and any delay could have grave consequences for the victim.
The sole purpose of the law is to reduce the number of violent acts happening in the home. If this is not happening, then the law should changed so that domestic violence can be effectively be controlled and reduced.
(2) Establishment of family centers
Prevention of domestic violence can start from with government taking the initiative to set up more centers which may be called family centers. Activities which help to promote greater understanding between husbands and wives should be organized. Experienced counseling personnel should take immediate steps to visit families which encounter relationships problems. Sharing of ideas among many families can also build relationships so that they extend cooperation and help in the event of any difficulty faced by any particular family.
(3) Effort by the private sector
Understanding is an important component in any relationship. Beside the government, all private companies should be required to organize regular family activities for their staff. This will not only improve relationship between a married couple but let them have a place to relax to ease unnecessary tension arising from suppressed emotions and feelings. Such gathering will make the husbands more family-centred and minimize the incidence of extra marital affairs. A meeting of all staff members and their spouses also will help promote understanding in the work place and eventually increase productivity for the company.
Participation by employees must be made compulsory and incentives should be provided. These activities must be carried out regularly and to a certain standard harmony not only among staff but also between their families.
Experts in marriage counseling can be invited to give talks about ways to promote family life and bring up children. The success of any activity depends on its content and quality, otherwise it will not achieve the desired result.
Time is the most important factor in applying for a temporary protection order. The law should be amended so that it requires less time to obtain an order, for example, waiving the rule that a welfare officer must be present for the application proceedings is because the victim is in imminent danger and any delay could have grave consequences for the victim.
The sole purpose of the law is to reduce the number of violent acts happening in the home. If this is not happening, then the law should changed so that domestic violence can be effectively be controlled and reduced.
(2) Establishment of family centers
Prevention of domestic violence can start from with government taking the initiative to set up more centers which may be called family centers. Activities which help to promote greater understanding between husbands and wives should be organized. Experienced counseling personnel should take immediate steps to visit families which encounter relationships problems. Sharing of ideas among many families can also build relationships so that they extend cooperation and help in the event of any difficulty faced by any particular family.
(3) Effort by the private sector
Understanding is an important component in any relationship. Beside the government, all private companies should be required to organize regular family activities for their staff. This will not only improve relationship between a married couple but let them have a place to relax to ease unnecessary tension arising from suppressed emotions and feelings. Such gathering will make the husbands more family-centred and minimize the incidence of extra marital affairs. A meeting of all staff members and their spouses also will help promote understanding in the work place and eventually increase productivity for the company.
Participation by employees must be made compulsory and incentives should be provided. These activities must be carried out regularly and to a certain standard harmony not only among staff but also between their families.
Experts in marriage counseling can be invited to give talks about ways to promote family life and bring up children. The success of any activity depends on its content and quality, otherwise it will not achieve the desired result.
Making the husband pays for his act
Besides the fact that the woman’s husband may be put in jail for assaulting her, she can also make her husband pay for all the financial losses she suffer as a result of the injuries inflicted. If she is working or in business, she can claim loss of income. If she have incurred expenses in food and lodging, cost of medical report and medicines for her children and herself, you can get it back from her husband. A list of expenses should be presented to the Magistrate, who will decide whether to make an order to ask her husband to pay.
Looking for a safer place to stay
If her children and her left home without packing any belongings, get the police to help her to obtain all the necessary items before she shift to a safe place.
If her friends and relatives are not able to provide her with a safe place to stay to, shecan go to a shelter home provided by Women’s group organizations or put up the night at the nearest hospital.
Most of the shelter homes provide free food and lodgings for the victims. While there she could share her experience with the others who suffer the same fate and think about what action to take in the future.
If her friends and relatives are not able to provide her with a safe place to stay to, shecan go to a shelter home provided by Women’s group organizations or put up the night at the nearest hospital.
Most of the shelter homes provide free food and lodgings for the victims. While there she could share her experience with the others who suffer the same fate and think about what action to take in the future.
What happens if the police do not want to cooperate with the victim and refuse to take her report?
She can talk to a higher officer at the station immediately. Beside this, she can make complaint to Bukit Aman, the police headquarters. Do not forget to take down the name of the police officer concerned.
Police Report : Why the victim should make it and how?
It is necessary that a police report be made whenever a woman is physically hurt by her husband. If the police finds there is sufficient proof to charge her husband in Court they will proceed to do so. If the police decide not to charge her husband the report serves as a reminder to him that the wife will not tolerate lightly any further physical or other form of abuse from him.
In future the report can also be used for an application for divorce or custody of her children.
The woman can make the police report at anytime she likes. It is advisable that she do it as soon as possible so that the police can take action more quickly. Do remember that if there are photographs of the injuries, the chances of successfully prosecuting her husband are higher.
Particulars to include in a Police Report.
(1) When did the incident occur?
(2) Who did it to the victim?
(3) Where did the incident took place?
(4) What did the offender use to cause the victim injuries?
Explain how the injury was inflicted.
(5) Purpose of making the police report. (e.g. I want protection or I want action to be taken against the offender.)
(6) Interim Protection Order (IPO) (State in the report that she wants to apply for an IPO)
(7) The number of police reports the victim has made so far.
It is not relevant at this point to state she wants to apply for a divorce and have custody of her children.
Take down the name and telephone number of the investigating officer. She may want to add something more to her report. After a few days call the investigating officer to find out the status of the investigation.
Do not leave the police station without a copy of the report and a receipt for the sum of Rm2/= which should contain the report number. She needs to pay RM2/= to get an official copy of the police report.
In future the report can also be used for an application for divorce or custody of her children.
The woman can make the police report at anytime she likes. It is advisable that she do it as soon as possible so that the police can take action more quickly. Do remember that if there are photographs of the injuries, the chances of successfully prosecuting her husband are higher.
Particulars to include in a Police Report.
(1) When did the incident occur?
(2) Who did it to the victim?
(3) Where did the incident took place?
(4) What did the offender use to cause the victim injuries?
Explain how the injury was inflicted.
(5) Purpose of making the police report. (e.g. I want protection or I want action to be taken against the offender.)
(6) Interim Protection Order (IPO) (State in the report that she wants to apply for an IPO)
(7) The number of police reports the victim has made so far.
It is not relevant at this point to state she wants to apply for a divorce and have custody of her children.
Take down the name and telephone number of the investigating officer. She may want to add something more to her report. After a few days call the investigating officer to find out the status of the investigation.
Do not leave the police station without a copy of the report and a receipt for the sum of Rm2/= which should contain the report number. She needs to pay RM2/= to get an official copy of the police report.
What to do if the victim has to go to the hospital?
If she is hurt she should visit a private clinic or a government hospital as soon as possible. She is however advised to go to a government hospital where there are staff trained to handle cases of domestic violence. When she reaches the hospital, she should go first to the accident and emergency section and inform the people there that she is a victim of domestic violence. An officer will bring her to the One Stop Crisis Centre (OSCC) where she will be treated immediately by a doctor, in a special room where she needs not have to queue up. She should show the doctor her injuries which will be recorded in the medical report. She should keep her identity card in a safe place so that she will need it to apply for a copy of the medical report.
If it is still early she may ask the officer there to arrange for her to see a welfare officer from the Welfare Deparment, she will be able to get moral support from them. If she thinks that it is not safe to go back to her house, she can spend a night at the OSCC or any other place of shelter provided by the government or a women’s organization.
If it is still early she may ask the officer there to arrange for her to see a welfare officer from the Welfare Deparment, she will be able to get moral support from them. If she thinks that it is not safe to go back to her house, she can spend a night at the OSCC or any other place of shelter provided by the government or a women’s organization.
What should the victim do?
According to WAO, if a wife thinks that her husband may repeat his violent behavior, the wife can take the following action to safeguard herself:
(1) Protect herself from unnecessary physical injury
Place herself in a safe place. Do not be in a room where there are items which can be used by her husband to inflict injuries on her. Also to make sure that she can escape (e.g. through a door or window.)
(2) Telephone numbers
Commit to memory important phone numbers, eg. the phone number for the nearest police station. Tell the police that her husband attacked her, provided them with her name and address. If she is not able to use a phone make sure that her neighbour is able to help in the event of violence. Shout and scream to get attention so that her neighbour will be able to call the police. If possible find out where the nearest public phone booth is located and make sure that it is working in case she needs to use it.
(3) The purse
Ensure that her purse in an accessible place. Make sure all the necessary documents are inside, like ATM and credit cards, cash, driving license and keys, phone cards and coins which she may need to make calls.
(4) Emergency bag
This is a bag which contains all the items she requires when she is out of the house. She should keep it in her parents’ or neighbour’s or friend’s house. The bag should contain the following:
(i) Clothing for herself and her children.
(ii) Phone numbers of police, women group hotlines, friends, shelter homes and her address book.
(iii) Important documents and letters, such as identity cards, passports, birth certificates, car registration book, school and medical records, sale and purchase agreements, title deeds and insurance policies.
(iv) marriage certificate, letter of custody for children, photographs or proof of injuries suffered by her.(e.g. threatening letters, torn clothing)
(v) Cheque books, bank account books, bank account numbers, keys to safe deposit in banks.
(vi) medicine, health insurance cards.
(vii) school books, toys for children.
Do not worry if she is not able to obtain some of the documents mentioned above. She can apply to have a copy later. She should contact a women organization to seek assistance and advice on this.
If she decides to leave, she should take her children with her to help her in her application for their custody later. If she is worried that her husband may find out, make a police report and contact the Women Aid’s Organization for help. She can apply for an interim protection order from the Court.
If she isa Muslim she should contact the Jabatan Agama Islam besides making a police report. Tell them that she has had to leave the house because of a physically violent attack or torture from her husband. This is to prevent her husband from accusing her of nusyuz (against or resisting order of the husband)
(1) Protect herself from unnecessary physical injury
Place herself in a safe place. Do not be in a room where there are items which can be used by her husband to inflict injuries on her. Also to make sure that she can escape (e.g. through a door or window.)
(2) Telephone numbers
Commit to memory important phone numbers, eg. the phone number for the nearest police station. Tell the police that her husband attacked her, provided them with her name and address. If she is not able to use a phone make sure that her neighbour is able to help in the event of violence. Shout and scream to get attention so that her neighbour will be able to call the police. If possible find out where the nearest public phone booth is located and make sure that it is working in case she needs to use it.
(3) The purse
Ensure that her purse in an accessible place. Make sure all the necessary documents are inside, like ATM and credit cards, cash, driving license and keys, phone cards and coins which she may need to make calls.
(4) Emergency bag
This is a bag which contains all the items she requires when she is out of the house. She should keep it in her parents’ or neighbour’s or friend’s house. The bag should contain the following:
(i) Clothing for herself and her children.
(ii) Phone numbers of police, women group hotlines, friends, shelter homes and her address book.
(iii) Important documents and letters, such as identity cards, passports, birth certificates, car registration book, school and medical records, sale and purchase agreements, title deeds and insurance policies.
(iv) marriage certificate, letter of custody for children, photographs or proof of injuries suffered by her.(e.g. threatening letters, torn clothing)
(v) Cheque books, bank account books, bank account numbers, keys to safe deposit in banks.
(vi) medicine, health insurance cards.
(vii) school books, toys for children.
Do not worry if she is not able to obtain some of the documents mentioned above. She can apply to have a copy later. She should contact a women organization to seek assistance and advice on this.
If she decides to leave, she should take her children with her to help her in her application for their custody later. If she is worried that her husband may find out, make a police report and contact the Women Aid’s Organization for help. She can apply for an interim protection order from the Court.
If she isa Muslim she should contact the Jabatan Agama Islam besides making a police report. Tell them that she has had to leave the house because of a physically violent attack or torture from her husband. This is to prevent her husband from accusing her of nusyuz (against or resisting order of the husband)
Theory of cycle of violence
According to the WAO②,there is a pattern in the behaviour of a violent person.
The build up-tension rises.
Stand over phase – the man becomes threatening.
The explosion – the violence occurs.
The remorse phase – the man is apologetic and promises never to do it again.
The pursuit – the man attempts to win the woman back by promising to change.
The honeymoon – things are calm and perhaps even loving.
The build up – tension begin to rise again.
According to research carried out by the WAO, men who beat their wives have a tendency to repeat the act again and again, in what is known as the violent cycle. In a small pamphlet produced by the WAO the following fallacies are exposed:
(1) That the violence or torture inflicted upon you is for your own good
Research has shown that a husband beats his wife solely for the purpose of creating fear and exerting control.
(2) A family in which there is no harmony is better than one which has been split
A child who witnesses the behaviour of a violent father becomes a violent parent in his adult life, thereby perpetuating a chain effect. Children from violent homes also have difficulties in pursuing their academic studies.
(3) Drugs, alcohol abuse and gambling are among the causes of domestic violence
The main reason behind the violence and torture is that husbands want to have control over their wives. Many may think drugs, alcohol and gambling play important roles but in actual fact they do not. These factors have always been used as excuses for violence behaviour. Women are easily led to believe that their husbands may not behave the way they did if they were not drunk, took drugs and gambled.
(4) A woman has failed in her duty if she is not able to provide harmony in the home
A husband has no right to use violence against his wife irrespective of what wrong she may have committed.
(5) Only those men who are poor and uneducated violently abuse their wives
Domestic violence can take place in any home irrespective of the social, economic and educational background.
(6) A husband has the right to do anything to his wife
A marriage does not give one party the right to inflict violence on another.
(7) No one should interfere in the family affairs of others
Committing violence against another person is not a private family affair, it is a crime and society has a responsibility to ensure that crime does not take place.
The build up-tension rises.
Stand over phase – the man becomes threatening.
The explosion – the violence occurs.
The remorse phase – the man is apologetic and promises never to do it again.
The pursuit – the man attempts to win the woman back by promising to change.
The honeymoon – things are calm and perhaps even loving.
The build up – tension begin to rise again.
According to research carried out by the WAO, men who beat their wives have a tendency to repeat the act again and again, in what is known as the violent cycle. In a small pamphlet produced by the WAO the following fallacies are exposed:
(1) That the violence or torture inflicted upon you is for your own good
Research has shown that a husband beats his wife solely for the purpose of creating fear and exerting control.
(2) A family in which there is no harmony is better than one which has been split
A child who witnesses the behaviour of a violent father becomes a violent parent in his adult life, thereby perpetuating a chain effect. Children from violent homes also have difficulties in pursuing their academic studies.
(3) Drugs, alcohol abuse and gambling are among the causes of domestic violence
The main reason behind the violence and torture is that husbands want to have control over their wives. Many may think drugs, alcohol and gambling play important roles but in actual fact they do not. These factors have always been used as excuses for violence behaviour. Women are easily led to believe that their husbands may not behave the way they did if they were not drunk, took drugs and gambled.
(4) A woman has failed in her duty if she is not able to provide harmony in the home
A husband has no right to use violence against his wife irrespective of what wrong she may have committed.
(5) Only those men who are poor and uneducated violently abuse their wives
Domestic violence can take place in any home irrespective of the social, economic and educational background.
(6) A husband has the right to do anything to his wife
A marriage does not give one party the right to inflict violence on another.
(7) No one should interfere in the family affairs of others
Committing violence against another person is not a private family affair, it is a crime and society has a responsibility to ensure that crime does not take place.
How to know whether the man or husband is changing for the better
According to research done by Women’s Aid Organisation (WAO) there are signs which
indicate that a person has really changed.
How do you know if the abuser is changing?
While a husband or boyfriend may apologize for his actions and vow to change, this may be another phase in manipulating the wife or girlfriend to stay. Consider the following signs before believing he has changed or is changing :
If you answer “Yes” to these questions, he has changed/is changing for the better
has he completely stopped saying and doing things that frighten you?
• Can you express anger toward him without being punished for it?
• Can he argue without being abusive or domineering?
• Does he respect your wishes about sex and physical contact?
• Has he stopped expecting you to do things for him?
• Can you spend time with your friends without being afraid that he’ll retaliate?
• Can you do other things that are important to you, such as go to school or get a job?
• Are you comfortable with the way he interacts with the children?
• Do you feel safe leaving the children alone with him?
• Is he being supportive and does he give compliments? Does he listen to you?
• Does he do his share of housework and childcare?
If you answer “No” to these question, the chances are he has not changed
· Do you feel safe in bringing up topics that you know will upset him?
· Can he listen to your opinion and respect it, even if he disagrees?
· If he is receiving counseling or treatment, does he use it against you in any way?
· Does he tell you that you’re abusive?
· Does he tell you that you owe him another chance?
· Does he say that he can’t change without your support?
· Does he try to get you or the children to feel sorry for him?
· Does he instill fear in the children about the future, or finances, or where they’ll live, etc?
· Do you have to keep after him to attend his counseling sessions?
· Is he make his abuse sound like a lot less serious than it really was when he talks about it?
· Is he pressuring you to drop the protection order?
indicate that a person has really changed.
How do you know if the abuser is changing?
While a husband or boyfriend may apologize for his actions and vow to change, this may be another phase in manipulating the wife or girlfriend to stay. Consider the following signs before believing he has changed or is changing :
If you answer “Yes” to these questions, he has changed/is changing for the better
has he completely stopped saying and doing things that frighten you?
• Can you express anger toward him without being punished for it?
• Can he argue without being abusive or domineering?
• Does he respect your wishes about sex and physical contact?
• Has he stopped expecting you to do things for him?
• Can you spend time with your friends without being afraid that he’ll retaliate?
• Can you do other things that are important to you, such as go to school or get a job?
• Are you comfortable with the way he interacts with the children?
• Do you feel safe leaving the children alone with him?
• Is he being supportive and does he give compliments? Does he listen to you?
• Does he do his share of housework and childcare?
If you answer “No” to these question, the chances are he has not changed
· Do you feel safe in bringing up topics that you know will upset him?
· Can he listen to your opinion and respect it, even if he disagrees?
· If he is receiving counseling or treatment, does he use it against you in any way?
· Does he tell you that you’re abusive?
· Does he tell you that you owe him another chance?
· Does he say that he can’t change without your support?
· Does he try to get you or the children to feel sorry for him?
· Does he instill fear in the children about the future, or finances, or where they’ll live, etc?
· Do you have to keep after him to attend his counseling sessions?
· Is he make his abuse sound like a lot less serious than it really was when he talks about it?
· Is he pressuring you to drop the protection order?
Effects of domestic violence on children’s minds
Unhappiness in the family, especially as a result of a violent father or mother, creates a strong negative impact on children’s minds. Constant quarreling and a lack of peace at home also creates insecurity in them. A first hand experience of violent acts will leave a long-term impression in the minds of children.
Children need a conducive environment to grow physically and spiritually. A lack of love and patience and other essential ingredients to foster a healthy home makes life difficult
for the children. It can affect their education, their attitude towards the world and their future interaction with society.
Cultivation of love, respect, and patience among family members is a long-term process. The public must realize the importance of family relationships, the lack of which causes disharmony resulting in misunderstanding, temper outbursts and even of physical harm. Patience is also an important virtue to be cultivated between husband and wife. Understanding another can only come about if both parties are willing to listen to another and not jump to conclusions.
Children need a conducive environment to grow physically and spiritually. A lack of love and patience and other essential ingredients to foster a healthy home makes life difficult
for the children. It can affect their education, their attitude towards the world and their future interaction with society.
Cultivation of love, respect, and patience among family members is a long-term process. The public must realize the importance of family relationships, the lack of which causes disharmony resulting in misunderstanding, temper outbursts and even of physical harm. Patience is also an important virtue to be cultivated between husband and wife. Understanding another can only come about if both parties are willing to listen to another and not jump to conclusions.
Sunday, July 15, 2007
Protection Order (PO)
When a husband or culprit is charged, his wife or victim can apply for a Protection Order, which is different from the IPO stated above. This PO is more permanent in nature. The victim can ask the Court to add certain conditions into this PO, she may ask the Court to prohibit her violent husband from staying in her house even though the house is owned by her husband. However, before the Court comes into this decision it have to be satisfied that there is no alternative place to secure the victim’s or her children’s safety.
Under this PO the Court can also order the husband to let the victim use the vehicle which she has been using all the while, even though it is owned by him.
Important differences between IPO and PO
It is important to note here that an IPO will have no further effect once the police investigation is completed.
The IPO expires after a period of 12 months but can be renewed if the Court thinks that it is in the woman’s best interest that the IPO be renewed and stayed in force.
A Protection Order is more permanent in nature though the husband may apply to the Court to revoke it if he can show that he is no more a danger to the woman and her children.
Cases of domestic violence in Malaysia for year 2000
STATE AND NUMBER OF CASES
PERLIS 36
KEDAH 154
PULAU PINANG 370
PERAK 239
SELANGOR 813
KUALA LUMPUR 233
NEGERI SEMBILAN 318
MELAKA 87
JOHOR 348
PAHANG 126
TERENGGANU 20
KELANTAN 32
SABAH 95
SARAWAK 294
TOTAL 3,165
Under this PO the Court can also order the husband to let the victim use the vehicle which she has been using all the while, even though it is owned by him.
Important differences between IPO and PO
It is important to note here that an IPO will have no further effect once the police investigation is completed.
The IPO expires after a period of 12 months but can be renewed if the Court thinks that it is in the woman’s best interest that the IPO be renewed and stayed in force.
A Protection Order is more permanent in nature though the husband may apply to the Court to revoke it if he can show that he is no more a danger to the woman and her children.
Cases of domestic violence in Malaysia for year 2000
STATE AND NUMBER OF CASES
PERLIS 36
KEDAH 154
PULAU PINANG 370
PERAK 239
SELANGOR 813
KUALA LUMPUR 233
NEGERI SEMBILAN 318
MELAKA 87
JOHOR 348
PAHANG 126
TERENGGANU 20
KELANTAN 32
SABAH 95
SARAWAK 294
TOTAL 3,165
Friday, July 13, 2007
Interim (Temporary) Protection Order & its Purpose
If the injury is very minor and is not an arrestable offence, the police will ask the victim whether she wishes to apply for a temporary protection order from the Court, to make sure that such an incident does not happen again.
The police will ask her whether she is in any immediate danger and if the wife’s answer is ‘yes’, then an order may be applied from the Court to protect her from further serious harm. The police will contact the Welfare department and a welfare officer will obtain the necessary paper to apply for the order. The officer requires a police report and a police confirmation that the matter is under investigation. With these two documents the welfare officer will go to the Magistrates Court to arrange to see the Magistrate and ask for an interim protection order.
Service of the Interim Protection Order
After getting the order, a copy must be given to the police within 24 hours to serve it on husband or offender once he has received the order, he is not allowed to repeat the act; if he does so he is considered in breach of the interim protection order and can be charged in Court.
The purpose of this protection order is to ensure that if the husband or offender repeats the same act of violence he will be charged in Court; and if convicted will be subject to a fine or a jail term. If the violence is repeated, the offender will be subject to a minimum 72 hours lock–up in jail if the Court thinks that this is necessary.
The interim protection order can be applied by the victim herself if she possesses all the necessary documents, meaning the police report and a confirmation that the matter is under police investigation. But it is advisable that the she sees a lawyer or gets the help of the Welfare department. If the temporary protection is not served on the husband as soon as possible things may get complicated as the violent person will still be at large.
It is very important to ensure that the victim is not left alone in a dangerous situation which could be a matter of life and death to her.
The police will ask her whether she is in any immediate danger and if the wife’s answer is ‘yes’, then an order may be applied from the Court to protect her from further serious harm. The police will contact the Welfare department and a welfare officer will obtain the necessary paper to apply for the order. The officer requires a police report and a police confirmation that the matter is under investigation. With these two documents the welfare officer will go to the Magistrates Court to arrange to see the Magistrate and ask for an interim protection order.
Service of the Interim Protection Order
After getting the order, a copy must be given to the police within 24 hours to serve it on husband or offender once he has received the order, he is not allowed to repeat the act; if he does so he is considered in breach of the interim protection order and can be charged in Court.
The purpose of this protection order is to ensure that if the husband or offender repeats the same act of violence he will be charged in Court; and if convicted will be subject to a fine or a jail term. If the violence is repeated, the offender will be subject to a minimum 72 hours lock–up in jail if the Court thinks that this is necessary.
The interim protection order can be applied by the victim herself if she possesses all the necessary documents, meaning the police report and a confirmation that the matter is under police investigation. But it is advisable that the she sees a lawyer or gets the help of the Welfare department. If the temporary protection is not served on the husband as soon as possible things may get complicated as the violent person will still be at large.
It is very important to ensure that the victim is not left alone in a dangerous situation which could be a matter of life and death to her.
Filing A Complaint
Procedures to be followed in filing a complaint
Complaints of domestic violence must first be made in the form of a police report. After a report has been made, the police will see whether the victim has suffered any injuries. If no, the police or a relative will send her to the hospital.
The police will advise the victim of her rights. If the injury is serious in nature and amount to an arrestable offence, the police will arrest the offender straight away and charge him in court.
Getting help for domestic violence
Steps to follow :-
(1)Making a police report.There are two situations,whether the injuries sustained is serious or not. If the injuries is serious the offenders will most likely be charged in Court.If the injuries is not serious Police will advise victim whether she needs an Interim (Temporary) Protection Order (IPO) ,if the answer is no the matter will just end here.
However if the answer is yes the welfare officer will go to Magistrates Court to see the Magistrate to apply for an Interim Protection Order (IPO).The Magistrate grants the IPO,Police will serve the IPO on victim’s husband or the offender.
Complaints of domestic violence must first be made in the form of a police report. After a report has been made, the police will see whether the victim has suffered any injuries. If no, the police or a relative will send her to the hospital.
The police will advise the victim of her rights. If the injury is serious in nature and amount to an arrestable offence, the police will arrest the offender straight away and charge him in court.
Getting help for domestic violence
Steps to follow :-
(1)Making a police report.There are two situations,whether the injuries sustained is serious or not. If the injuries is serious the offenders will most likely be charged in Court.If the injuries is not serious Police will advise victim whether she needs an Interim (Temporary) Protection Order (IPO) ,if the answer is no the matter will just end here.
However if the answer is yes the welfare officer will go to Magistrates Court to see the Magistrate to apply for an Interim Protection Order (IPO).The Magistrate grants the IPO,Police will serve the IPO on victim’s husband or the offender.
DOMESTIC VIOLENCE
Definition
Domestic violence covers injury suffered by family members as a result of the action of someone in the family. It is not confined only to bodily injury, it involves damage to property as well.
Domestic violence is common nowadays. It is an old subject and has happened all the times since time immemorial. Today the changes to our value system causes society to become more materialistic and people tend to overlook other aspects of life like cultivation of the inner self and practice of love and patience. Family life can only improve if we take time and effort to nurture it. Nothing comes without effort.
The absence of a spouse who is the breadwinner of the family, when one spouse neglects the well being of the family, the creation of fear in the mind of a victim can all be considered instance of domestic violence. A victim’s fear of the culprit is enough to constitute domestic violence. A drunken husband is also considered violent if he always comes back in irregular hours and yells and shouts at his wife.
This offence can be committed by any person, male or female in the family. A divorced husband also is considered as member of the family. The violence and injury need not be directed against a wife only. It could affect a child of someone who is disabled either mentally or physically. The law also protects other members of the family like brothers and sisters or relatives. Should there be any ambiguity, the Court will decide whether a person is considered member of the family.
Law on domestic violence
An Act of Parliament concerning domestic violence provides that if a person is injured by someone in the family, he/she can apply to the Court to arrest the culprit who may be jailed as a form of punishment. The person who causes injury must be isolated so that the victim will not be subjected to further harm.
Unfortunately a person who commits an act of domestic violence very often turns out to be a male. The women are usually the victims of domestic violence. It is necessary for the government to provide sufficient protection to the victims of domestic violence to ensure harmony in the home.
Causes of domestic violence (D.V.)
According to an Annual Review of the Women’s Aid Organization (WAO) dated 1999, the following are answers obtained from victims about the triggering factor of D.V. The WAO wishes to emphasize that the following are not necessarily the true causes of violence, but merely situations and circumstances sometimes used as excuses for beating one’s wife or girl friend.
Factors D.V. cases only
Jealousy 28
Social 19
In-law 16
Alcohol 15
Another woman 13
Insufficient money 10
None(no specific answer given) 10
Husband demanding money 8
Debts 5
Gambling 5
Sexual 5
Drugs 2
Domestic violence covers injury suffered by family members as a result of the action of someone in the family. It is not confined only to bodily injury, it involves damage to property as well.
Domestic violence is common nowadays. It is an old subject and has happened all the times since time immemorial. Today the changes to our value system causes society to become more materialistic and people tend to overlook other aspects of life like cultivation of the inner self and practice of love and patience. Family life can only improve if we take time and effort to nurture it. Nothing comes without effort.
The absence of a spouse who is the breadwinner of the family, when one spouse neglects the well being of the family, the creation of fear in the mind of a victim can all be considered instance of domestic violence. A victim’s fear of the culprit is enough to constitute domestic violence. A drunken husband is also considered violent if he always comes back in irregular hours and yells and shouts at his wife.
This offence can be committed by any person, male or female in the family. A divorced husband also is considered as member of the family. The violence and injury need not be directed against a wife only. It could affect a child of someone who is disabled either mentally or physically. The law also protects other members of the family like brothers and sisters or relatives. Should there be any ambiguity, the Court will decide whether a person is considered member of the family.
Law on domestic violence
An Act of Parliament concerning domestic violence provides that if a person is injured by someone in the family, he/she can apply to the Court to arrest the culprit who may be jailed as a form of punishment. The person who causes injury must be isolated so that the victim will not be subjected to further harm.
Unfortunately a person who commits an act of domestic violence very often turns out to be a male. The women are usually the victims of domestic violence. It is necessary for the government to provide sufficient protection to the victims of domestic violence to ensure harmony in the home.
Causes of domestic violence (D.V.)
According to an Annual Review of the Women’s Aid Organization (WAO) dated 1999, the following are answers obtained from victims about the triggering factor of D.V. The WAO wishes to emphasize that the following are not necessarily the true causes of violence, but merely situations and circumstances sometimes used as excuses for beating one’s wife or girl friend.
Factors D.V. cases only
Jealousy 28
Social 19
In-law 16
Alcohol 15
Another woman 13
Insufficient money 10
None(no specific answer given) 10
Husband demanding money 8
Debts 5
Gambling 5
Sexual 5
Drugs 2
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