THE move to criminalise stalking is a timely one as it could prevent more people from becoming victims without legal recourse to help them, a lawyer and a lawmaker said.

They said the act of stalking has been rampant for a long time, and it has taken the government a long time to finally look into amending the penal code to include punishment for those who commit the act.

They said unless there is a specific law to address the issue of stalking, perpetrators will be free to act with impunity. However, they also want the proposed bill to be fulsome in nature to ensure holistic protection.

Batu Kawan MP Kasthuri Patto said she first raised the issue of stalking in parliament in 2017, but no major move was made as it was not viewed as a big issue.

“We believe there could be more incidents of stalking if there is no law on it. We still don’t know what entails the definition of stalking.

“Yes, it (stalking) is rampant, but we don’t have data on it.

“There are incidents of stalking, but it was difficult to categorise the deed. It could be a husband harassing his wife or the other way around.

“How do we quantify stalking when we have nothing to define it?” she told The Malaysian Insight.

She said there are reported cases, but stalking could not be identified as a crime as it is not written in law.

“To categorise something as stalking is just an interpretation of what we think is stalking.

“For example, an ex-spouse waiting outside the workplace or trailing a person to their home.

“There must be a specific law to gauge what stalking is and the extent of the crime.”

On August 4, Deputy Law Minister Mas Ermieyati Samsudin tabled the anti-stalking bill in the Dewan Rakyat for its first reading.

The second reading and debate on the proposed bill could take place when parliament convenes on October 3.

In the blue bill, the section reads: “Whoever repeatedly by any act of harassment, intending to cause, or knowing or ought to know that the act is likely to cause, distress, fear or alarm to any person of the person’s safety, commits an offence of stalking.”

The bill seeks to amend the penal code to make stalking, whether virtually or otherwise, an offence punishable by imprisonment for up to three years, a fine, or both, if convicted.

Kasthuri however said there are still some loopholes in the proposed bill, which she hopes can be ironed out before parliament convenes in October.

“In essence, it is a good bill that addresses the issue (stalking), but there are some parts that can be strengthened to ensure holistic protection.

“We hope Law Minister Wan Junaidi Tuanku Jaafar can call lawmakers for a discussion on the bill to streamline it and make any necessary amendments.

“I will reach out to Wan Junaidi and his deputy regarding this matter and raise it in parliament during the next sitting.”

Kasthuri said over time, the discussion around stalking has become more nuanced as it is more widely talked about.

“More women and men are sharing their experiences. It also comes down to where they are from .. and how it has affected their personal space and movement.

According to a Women’s Aid Organisation study conducted last year, data collected showed that a third of Malaysians – including 39% of women – have experienced stalking to the point of causing fear.

Proposed punishment too lenient

Human rights lawyer Honey Tan said she is supportive of the government’s move to include stalking in the penal code.

“We have been working with the Attorney-General’s Chambers for many years, and I’m so glad it’s now been tabled in parliament.

“It’s not crucial to pass it at the next sitting, but sooner rather than later is always better.

“Until it becomes a crime, stalkers will continue with impunity and their victims will continue to suffer without redress.”

She said it is not uncommon to hear, with her firm also representing victims who claim damages and permanent injunctions for the tort of stalking.

“We have also obtained injunctions to restrain spouses from stalking their partners.”

She said stalking is more than just someone following or lurking around a person.

“It is also about stalking in cyberspace – on social media platforms like Instagram or Twitter.

“It’s almost impossible to identify the culprit under these circumstances.”

Tan however said when stalking becomes a crime, it would at least enable police to start investigating and perhaps a prosecution will follow suit.

Another form of stalking, she said, is by introducing tracking devices in cars or via mobile apps.

Tan also said the proposed punishment for stalking ought to be harsher.

“Even if the maximum of three years is ordered, there will be time off for good behaviour.

“This means the stalker will be out in under three years. The injury suffered by the victim can be lifelong.”

Tan added that stalking can leave mental, psychological and emotional scars on victims.

“If the punishment is not commensurate with the crime, stalkers may continue (their behaviour) after they leave prison.” – September 5, 2022.