THE police must take the report lodged by 17-year-old Ain Husniza Saiful Nizam on the rape joke seriously. She has taken the trouble to lodge a police report despite peer pressure and possible ostracisation.

Investigators must look into the degree of intimidation she faces and the subsequent threats she received or perceived, to confirm or eliminate criminal responsibility.

It really is not a laughing matter and should not be brushed aside, especially by those entrusted with enforcing the law.

The police have over time, through the establishment and evolvement of their sexual criminal investigations division, made inroads in assuring such victims have the confidence to come forward to lodge reports on all sexual offences ranging from harassment to assault.

Officers have been trained to empathise, protect and encourage such victims to come forward. This will encourage them to give evidence in court and to withstand cross-examination to establish not only their credibility but more importantly, the veracity of the evidence.

For a long time in the past, It has always been an uphill battle for investigators and prosecutors to gain the trust and confidence of such victims to cooperate in an investigation. Part of the problem was the police themselves who trivialised such cases.
 
It must also be stressed that it is not easy for a victim, especially in the eastern culture to arrive at a decision to lodge a police report, more so if she is a minor. Most families cannot handle the pressure from the community.

This is well documented and commented in trite law on the difficulties victims face when deciding to lodge a police report especially in the eastern culture where sex crimes are taboo.

Police over the years have taken a lot of steps in training and educating their frontline personnel to be more professional in handling such victims. Every victim has to be given confidence that their report is taken seriously and special investigative task forces have been set up exclusively for such cases.

The seriousness of the police in all sexual allegations is the hallmark of a modern and progressive service in tandem with contemporary society and human rights in ensuring that justice will be done.

The criminal justice system acknowledges the fact that sexual harassment and assaults are a serious bane in society and needs to be dealt with a firm hand.

The allegations of Ain Husniza must be viewed seriously even though there has been no covert act towards the ‘actus rea’ of the offence as there are undoubtedly elements of criminal intimidation.

The joke coming from the teacher who holds a position of influence and trust can be a persuasive catalyst for others to commit an offence especially by those who look up to him.

This is apart from the fact that there has been a serious lack of professionalism depicted by this teacher. In many cases the complainant may feel that she has been victimised by the system and blame has shifted to her.

Trained police investigators are always worried that this will dishearten those who seek justice.

The authorities should investigate cases of sexual allegations, including the systemic “period checks” in our educational institutions seriously. – April 27, 2021.

* G. Selva reads The Malaysian Insight.

* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.