In view of outrage and anxiety by the Malaysian public that convicted serial rapist Selva Kumar Subbiah is set to be deported from Canada back to Malaysia, Wanita MCA repeats our urging that Malaysia must enact double jeopardy laws for sex offenders, in particular if they are paedophiles, ie although they have served time behind bars abroad for offences committed overseas, they must face similar charges and conviction on home soil.

Such practices are already enforced in Australia, United Kingdom, America, etc. Otherwise, how else could charges be slapped on the reported worst-known paedophile Richard Huckle for child sex abuse-related crimes committed in Malaysia of which British courts convicted and incarcerated him with 22 life-sentences?

Wanita MCA notes the assurance by inspector-general of police Khalid Abu Bakar that the Royal Malaysian Police (PDRM) will keep tabs on Subbiah albeit legally there are no laws to restrict his movements.

In this context, in addition to double jeopardy charges and convictions, the women’s wing of MCA recommends that legislation be enacted to disallow convicted rapists, sexual molesters, paedophiles, in short, any sex offender, from being in the same enclosed premises with underage children, and to maintain a specified minimum distance away from minor girls and boys in public, after their release from prison.

These laws should also provide for a restraining order whereby the convicted sex deviant must maintain a minimum distance away from the victims.

Exceptions may be made only in circumstances where the sex offender is accompanied by an appointed officer from the authorities be it from the police, parole board, Women, Family and Community Development Ministry or Social Welfare Department.

Where necessary, convicted sex fiends should be made to wear a tracking device to monitor their movements.

Wanita MCA also asserts that sex grooming of minors must also be made a crime. We recommend courses be conducted in upper primary or lower secondary school to inculcate among both pubescent boys and girls to be alert for signs of sexual grooming.

Right to safety and protection

Acknowledging that the government had tabled amendments to the Child Act 2001 to include a sex offenders registry of which Wanita MCA had been pushing for, and of which the Dewan Rakyat has passed, it is thus time to implement the sex offenders registry to safeguard would-be victims in the vicinity. The right to safety of the general public, especially minor children, takes precedence over the solitary perpetrator’s right to privacy.

Nevertheless, society, too, must not resort to vigilantism once they discover a sex offender in their midst.

Considering that the retired Canadian police officer who nabbed Subbiah had warned and affirmed that the latter still poses a threat upon his return to Malaysia or anywhere else in the world and given his affluent family background (Free Malaysia Today, Feb 3, 2017), this suggests Subbiah has not repented.

Wanita MCA is gravely concerned that Subbiah may end up as another Richard Huckle roaming and lurking on our streets in search of fresh underage prey, in particular, among the illiterate and destitute, and may use his wealth to cajole his way out of liability, especially, since to the penniless, especially urban poor, staving off hunger is a priority.

Reports lodged with the police are the only known reported cases. Many sex abuse victims including and especially males and incest victims encounter trepidation to file police reports, due to fear or stigmatisation, communal and familial ostracisation, or are bullied by their aggressors to not to, reprisals like deportation, foreign wife visa terminated, etc.

HENG SEAI KIE is Wanita MCA chairperson and adviser on National Unity & Integration in the Prime Minister’s Department.