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.