Sexual offences against children are not uncommon in Malaysia. Though, it is not widely discussed due to the presence of cultural and religious taboos that circulate around such topics. These taboos, as a result, cause most incidents pertaining to sexual abuse towards children to be silenced and go unreported. The Sexual Offences against Children Act 2017 allows for better enforcement against sexual offences towards children.
The Act is applied to children who under 18 years. Plus, if the offender is a Malaysian citizen who committed the offence in regions out of Malaysia, the offender will still be dealt with in respect of such offence as if the offence was committed at any place within Malaysia.
Below are the sexual offences against children and penalties towards offenders under the Sexual Offences against Children Act 2017.
Offences Relating To Child Pornography
| Section | Offence | Penalty |
| 5 | Making, producing, directing the making or production of child pornography | Imprisonment for term of not more than 30 years & minimum 6 strokes whipping. |
| 6 | Making preparation to make, produce or direct the making or production of child pornography | Imprisonment for term of not more than 10 years and liable for whipping. |
| 7 | Using a child in making, producing, directing the making or production of child pornography | Imprisonment for term of not more than 20 years and minimum 5 strokes of whipping. |
| 8 | – exchanges, publishes, prints, reproduces, sells, lets for hire, distributes, exhibits, advertises, transmits, promotes, imports, exports, conveys, offers or makes available, in any manner, any child pornography – obtains, collects or seeks any child pornography – participates in or receives profits from any business that he knows or has reason to believe is related to any child pornography | Imprisonment for term of not more than 15 years and minimum 3 strokes of whipping. |
| 9 | Selling child pornography to a child | Imprisonment for term of not more than 15 years and minimum 5 strokes of whipping. |
| 10 | Accessing child pornography | Imprisonment for term of not more than 5 years or fine of not more than RM10,000 or both. |
Offences Related to Child Grooming
| Section | Offence | Penalty |
| 11 | Sexually communicating with a child (excluding for educational or medical purposes | Imprisonment for term of not more than 3 years. |
| 12 | Child grooming | Imprisonment for term of not more than 5 years and liable for whipping. |
| 13 | Meeting following child grooming. | Imprisonment for term of not more than 10 years and liable for whipping. |
Offences Related to Physical Sexual Assault
| Section | Offence | Penalty |
| 14 | Physical sexual assault on a child: – Touches any part of the body of a child – Makes a child touch any part of the body of such person or of any other person – Makes a child touch any part of the child’s own body – Does any other acts that involve physical contact with a child without sexual intercourse | Imprisonment for term of not more than 20 years and liable for whipping. |
| 15 | Non-physical sexual assault on a child: – Makes or exhibits any sounds/gestures/objects/body with the intention to be noticed by the child. – Makes a child exhibit the child’s body or any part of the child’s body so as it is seen by such person or any other person – Repeatedly or constantly follows or watches or contacts a child by any means | Imprisonment for term of not more than 10 years or fine maximum RM20,000 or both. |
Person in a Relationship of Trust
| Section | Offence | Penalty |
| 16 | If a person in a relationship of trust commits any offence under this Act, punishment to be more severe. E.g: – parent/guardian/relative – caretaker – teacher/ coach – healthcare provider – public servant | In addition to punishment for such an offence, will be punished with further imprisonment for term of not more than 5 years and whipping minimum 2 strokes. |
Failure to Give Information
Under Section 19, Any person who fails to give information to an officer at the nearest police station, of the commission or intention to commit any offence under this Act towards a child, will have committed an offence and be liable to a fine not exceeding RM5000.00.
Provisions Regarding Whipping
Under Section 25, if a person convicted of any offence under this Act is a male whom the court considers to be more than 50 of age, he may still be punishable with whipping.
Rehabilitative Counselling
Based on Section 26, in addition to the imposed punishments, the court may order period of rehabilitative counselling on the person convicted of such offence within the period of his detention.
Police Supervision
Under Section 27, when a person is convicted of any offence under this Act the court shall direct that the offender be under supervision of the police for a period of not less than 1 year and not more than 3 years after the expiration of the sentence passed on the offender.
