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The Sarawak Women for Women Society (SWWS) welcomes Sarawak Women, Welfare and Community Wellbeing Minister YB Fatimah Abdullah’s determination to close the loophole in the law regarding ‘finger-rape’. We are however very concerned about the reply by the Attorney-General’s Department to her that the urging for a wider definition of rape would be accommodated within the Child (Amendment) Act.

The AG’s Office - as the expert on the laws of the country - should have known that the definition of sexual abuse under the original Child Act was wider than the definition of rape in the Penal Code. The problem lies in the police’s and prosecutors’ mindset to refer to the Penal Code when bringing charges rather than remembering the wider scope of the Child Act (now superceded by the Child Amendment Act).

To avoid this problem re-occurring the Penal Code needs urgent amendment so the definition of rape includes fingers and other objects. This also has the advantage of covering adults as well as children who are raped by such means.

The Court of Appeal judges in giving their surprising verdict on Bunya Jalong did in their written decision say specifically that the definition of rape ought to be changed or added. This needs to be expedited. Like the recent urging for grooming to become an offence, prompt legal reform is needed to protect our children.

SWWS also hopes that resources will be allocated to ensure the effective implementation of the Child (Amendment) Act 2016. As highlighted in SWWS’s ‘manifesto’, current responses have been described as ‘touch and go’ due to insufficient resources across relevant agencies.

Although SWWS supports the establishment of a registry and the intention to develop family based services at the community level, they will only work if there is inter-agency collaboration and appropriate staffing.

Of particular importance is for the Child Protection Officers - empowered under the Act to assess the needs of children and take appropriate action to ensure their long-term well-being - to be adequately trained. Therefore SWWS also urges that the proposed Social Work Act be enacted so government welfare officers are given the requisite skills.

To protect our children there needs to be a concerted effort not only to pass or amend laws and increase awareness but also to build the necessary systems to ensure their effective implementation. Everyone has their part to play and the AG’s Office needs to do its and table the promised amendment to the definition of rape in the Penal Code. SWWS urges all Sarawak YBs - especially those at federal level - to press for prompt action.

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