Introduction
Sexual violence against children is a gross violation of children’s rights. It can take many forms, including sexual abuse, harassment, sexual exploitation in prostitution, and so on. Each of these acts causes immediate harm while having long-term consequences for a child’s physical, emotional, and psychological well-being.
Sexual Offences Against Children Act 2017
The Sexual Offences Against Children Act 2017 (“SOACA”) came into effect on 10 July 2017. It provides certain sexual offences against children and their punishment in addition to other sexual offences against children and their punishment in other written laws. The offences under the SOACA include offences relating to child sexual abuse material, child grooming, sexual assault, sexual performance and sexual extortion, as well as offences by persons in a position of trust.
According to Section 2 of the SOACA, the Act applies to a child who is under 18 years old and where the Act relates to any other written law, to a child of such age as specified in such written law. Any reference to a child in respect of any offence under the Act, or any offence specified in the Schedule where the victim is a child shall include a person whom an accused believes is a person of or under the age as specified in the respective provisions of such offences.
The offences specified in the Schedule of the SOACA are as follows:
| Statutes (Acts) | Provisions (Offences) |
| Penal Code | S.354: Assault or use of criminal force to a person with intent to outrage modesty S.372: Exploiting any person for purposes of prostitution S.375: Rape S.375B: Gang rape S.376: Punishment for rape S.376A: Incest S.376B: Punishment for incest S.377A: Carnal intercourse against the order of nature S.377B: Punishment for committing carnal intercourse against the order of nature S.377C: Committing carnal intercourse against the order of nature without consent S.377CA: Sexual connection by object S.377D: Outrages on decency S.377E: Inciting a child to an act of gross indecency S.509: Word or gesture intended to insult the modesty of a person |
| Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 | S.14: Offence of trafficking in children S.15: Offence of profiting from exploitation of a trafficked person |
| Child Act 2001 | S.43: Offences |
| Communications and Multimedia Act 1998 | S.211: Prohibition on provision of offensive content S.233: Improper use of network facilities or network service |
| Film Censorship Act 2002 | S.5: Obscene film |
Non-Physical Sexual Assault
Sexual offenses against children can take many forms, encompassing both physical and non-physical acts. While physical abuse of children is often highlighted in discussions of child protection, non-physical offenses pose significant risks as well.
In September 2024, a 24-year-old school bus driver was charged with knowingly making and initiating the transmission of an offensive comment in a video showing a nine-year-old girl with the caption “Harini crush busy buat homework” (today my crush is busy doing homework) followed by a ‘love’ emoji while observing the child.
The video sparked widespread outcry, with many claiming it was inappropriate and might constitute sexual harassment against a child. Women, Family, and Community Development Minister Datuk Seri Nancy Shukri thus directed officials from the Children Development Department (JPKK) to lodge a police report on the social media post.
The case was being investigated under Section 15(a)(iii) of the SOACA for repeatedly or constantly following or watching or contacting a child by any means for sexual purposes, and Section 15(2) of the Child Act 2001 for posting the picture of any child, which may lead to the identification of any child so concerned.
