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Civilised society has zero tolerance for not only child sexual abuse but also any other form of abuse of children, whether emotional or physical, whether by male or female perpetrator. The fault of inadequate protection of our children lies not in the law (133A Evidence Act) but its lack of enforcement and implementation as shown in the article Child sexual abuse, the laughable law and its agents (Mar 15).

The law is not "laughable" because it requires "corroboration" of the unsworn statement of a child. Even as it seeks to convict child abusers, it cannot however discount the fact that while some children tell the truth, others do fantasise, with some telling a blatant falsehood after being coached by the estranged parent in acrimonious matrimonial and custody fights. The law insists on strict evidential safeguards because it proceeds on the implicit value judgment that the conviction of one innocent is worse than letting four guilty off the hook.

But the situation is not all that bad. It is incorrect to say that a conviction of child sexual abuse can only be sustained by seven adult witnesses. All that is required is some independent corroboration by other evidence or facts adduced to back the child's claims.

Corroboration may take the form of behavioral indicators like the child's intense dislike of being alone with the alleged abuser, interest in or knowledge of sexual matters inappropriate for a child of that age, persistent complaints of abuse to different people based on consistent story line.

These behavioral indicators may be buttressed by other physical indicators like the child's difficulty in walking or sitting, torn, stained or bloody underclothing, pain or itching in genital area, torn hymen, bruises, bleeding or infection in external genitalia or venereal disease, especially in pre-teens which medical examination will reveal. (Jenny's doctor lodged the report probably because medical examination disclosed these physical indicators).

If any new law is required, it is one that makes it mandatory for all persons especially teachers and parents to make reports when the child complains of sexual abuse or his physical condition evinces physical abuse. And even this will not be efficacious if the police take no action.

As Awam vice-president Manohary Subramaniam said it, the most outrageous retort, which they have ever received from the police, was, "The six-year-old child was running naked from the shower to her room. You can't blame the father for raping her after that".

The problem lies deeper than mere chauvinistic and patriarchal mindsets of law enforcement officers, as feminists would love to capitalise on to advance their agenda.

To act on the complaint and investigate, the police who are armed with basic rudimentary knowledge of psychology and medical science will have to spend time questioning and investigating.

The basic question: Do our police have such resources in terms of time, number and quality of personnel?

If one visits an average-sized police station in the Klang Valley one will be shocked by:

  • The number of people lining up per single day to make reports of crimes being committed, crimes that are not just committed by snatch or car thieves, but by gun-wielding robbers and burglars both in homes and in open thoroughfares;
  • Tales of the number of illegal immigrants running loose that need to be corralled, and for some black sheep within the force, the energies are better expended in these operations by reasons of the opportunities presented for profit;
  • The poor quality of equipment and furniture in police stations which speaks volumes of how much the government would prioritise expensive mega-projects than allocate budget for recruitment, salary and training of police personnel to ensure its quality and efficiency match the bludgeoning crime waves hitting our cities.
  • These then are the root problems that need to be addressed. It is not only children who are not safe from abuse. They, our homes and we are not safe from criminal violence given the present state of affairs.

    Do the police have time to investigate every complaint about the father putting the daughter on his face when the father would probably explain that she was being perched on his neck and carried on his shoulders, when every half hour at the Balai (police station), there are reports streaming in of people being held up at gun point outside video arcades, in residential houses and coffee shops?

    Malaysia has enacted enough of laws to cover every contingency, as Minister in the Prime Ministers Department Dr Rais Yatim said, from apprehending child abusers to religious extremists, but the problem lies not in amending existing laws or making new laws but in getting existing laws enforced and implemented!

    For that we need to address the wider societal problem of reviewing our immigration policies, allocating generous budget for proper recruitment, training and remuneration of police personnel based on professionalism and meritocracy. Do we have the political will to do it?


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