The All Women's Action Society (Awam) is concerned after reading the malaysiakini report Pak Lah: ACA chief investigated twice before . The investigation into alleged sexual crime and assault which occurred in 1997 raises several issues related to evidence and the standard of proof - in this case, beyond reasonable doubt.

In another press interview, attorney-general Abdul Gani Patail said that charges against the ACA director-general Zulkipli Mat Noor were dropped because:

There were no witnesses to the alleged sexual crimes and assault;

The complainant failed to go for a medical check-up immediately after the crimes and that;

The doctor's statement on the bruises contradicted the complainant's claims.

It is highly unlikely that a sexual offence would be committed in the presence of witnesses. Such offences most of the time thrive on secrecy.

In cases of sexual offences, great reliance is placed on scientific evidence to prove guilt. This standard has proven too high in the past. Semen samples are valid for a limited number of hours. In the case of sexual harassment, it is hard to show that one has been groped physical evidence is not readily available unless the victim has been grabbed hard and bruised.

Evidence of bruising can prove ambiguous. What constitutes a bruise caused by sexual offence or a physical assault? Can a bruise caused by direct slapping or being pushed to the floor be traced back to its motive?

Many victims fail to report and go for medical check-ups immediately after a sexual assault has occurred because of emotional and mental shock. In 'The Rape Report: An Overview of Rape in Malaysia', published in 2001, the average number of days a survivor of rape takes to make a report is 46.4. The specific mention that the alleged victim failed to provide medical evidence immediately implies that 1) she made it up, or 2) she changed her mind out of flightiness - thereby reinforcing the myth that women are not credible witnesses.

Furthermore, there is no scientifically verifiable method for proving emotional and mental abuse caused by non-physical types of sexual harassment - lewd jokes that cause discomfort, stalking, threats of bodily harm, etc.

The media has repeatedly referred to the alleged victim as a 'housewife' which may give rise to the opinion that 'she asked for it' in reference to the alleged abuse. It is not clear from newspaper reports whether she was married at the time of the alleged affair. However, the fact remains that many women do suffer abuse within marital and romantic relationships.

Being in a position of 'power' and 'influence' can avert the course of justice. It is difficult enough proving allegations of sexual offences and physical assault. We hope that this has not been one of those instances.

The writer is executive director, All Women's Action Society (Awam).