SWWS calls for more legal reforms
KUCHING: Sarawak Women for Women Society (SWWS) yesterday pledged support for Minister of Welfare, Women and Community Wellbeing Datuk Fatimah Abdullah in her call for the legal definition of rape to be amended soonest, following the gazetting of the Child Act (Amendment) 2015.
However, the society expressed concern that a broader definition of rape was not included in the amended Child Act though Fatimah had earlier written to the AttorneyGeneral (AG) for a review.
“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 and prosecutors’ mindset of referring to the Penal Code when bringing charges rather than remembering the wider scope of the Child Act (now superseded by
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 Child Amendment Act),” the Society said.
To avoid recurrence of this problem, the society pointed out that the Penal Code had to be amended to include fingers and other objects in the definition of rape.
“This also has the advantage of covering adults as well as children raped by such means.
“The Court of Appeal judges in giving their surprising verdict on Bunya Jalong in their written decision said specifically that the definition of rape ought to be changed or added.”
SWWS emphasised that the amendment needed to be expedited, similar to the recent call for grooming to be made an offence in order to better protect children.
It also hoped that resources would be allocated to ensure the effective implementation of the Child (Amendment) Act 2015.
As highlighted by SWWS in the past, current responses to various crucial policies had been described as ‘ Touch & 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, it will only work with inter-agencies collaboration and appropriate staff.
Of particular importance was adequate training for Child Protection officers empowered under the Act to assess the needs of children, and take appropriate action to ensure their long-term wellbeing.
SWWS therefore called for the proposed Social Work Act to be enacted so that government welfare officers could be given the requisite skills.
To protect children, there need to be concerted effort not only to pass or amend laws and increase awareness, but build systems to ensure effective implementation.
Everyone had a part to play and the AG’s office needed to table the promised amendment to the definition of rape in the Penal Code, the society reminded.
SWWS thus called on all Sarawak leaders and elected representatives, especially at federal level, to press for prompt action.
Datuk Fatimah Abdullah, Minister of Welfare, Women and Community Wellbeing