Sexual Assault

Sexual assault is sexual contact that is unconsented. Whilst Malaysian laws do not have an exact definition of sexual assault, its various forms are criminalised in the Penal Code. 

 

Section 354 of the Penal Code

Assault or use of criminal force with intent to outrage modesty

  • Punishable with imprisonment up to 10 years, or with fine, or with whipping, or with any 2 of the aforementioned
Section 355 of the Penal Code

Assault or use of criminal force with intent to dishonour the individual, otherwise than on grave provocation

  • Punishable with imprisonment up to 2 years, or with fine, or with both
Section 372 of the Penal Code

Exploitation for prostitution

  • Punishable with imprisonment up to 15 years with whipping, and shall also be liable to fine
Section 375A of the Penal Code

Husband causing hurt or fear of death or hurt to wife in order to have sexual intercourse

  • Punishable with imprisonment up to 5 years 
Sections 376A and 376B of the Penal Code

Incest

  • Punishable with imprisonment for a term from 10 to 30 years with whipping
Sections 377A and 377C of the Penal Code

Carnal intercourse against the order of nature

  • Carnal intercourse against the order of nature is defined as “sexual connection with another person by the introduction of the penis into the anus or mouth of the other person”.
  • Such intercourse without consent shall be punishable with imprisonment from 5 to 20 years with whipping
Section 377CA of the Penal Code

Sexual connection by object

  • Sexual connection by object refers to the introduction of any object or any part of the body (except the penis) into the vagina or anus of the other person
  • Such unconsented sexual connection by object shall be punishable with imprisonment from 5 to 30 years, and shall also be liable to whipping
Section 377D of the Penal Code

Outrages on decency

  • Punishable with imprisonment up to 2 years
Section 377E of the Penal Code

Inciting a child under 14 years old to an act of gross indecency

  • Punishable with imprisonment from 3 to 15 years with whipping
Section 509 of the Penal Code

Word, sound or gesture intended to insult the modesty of a person

  • Punishable with imprisonment up to 5 years, or with fine, or with both
Section 31(1)(b) of the Child Act 2001

Child sexual abuse

  • Punishable with a fine up to RM20,000, or imprisonment up to 10 years, or both
Section 11 of the Sexual Offences Against Children Act 2017

Sexual communication with a child

  • Sexual communication includes the perpetrator having such communication with a child, or encouraging them to make such a communication. This section excludes communication that is for educational, scientific or medical purposes
  • Punishable with imprisonment up to 3 years
Section 12 of the Sexual Offences Against Children Act 2017

Child grooming

  • Child grooming refers to communication with a child via any means with the intention to commit or facilitate the commission of sexual assault (physical or non-physical), child pornography (its making, production, direction of its making or production, exchange, publishing, distribution, exhibition) or any offence specified in the Schedule of the Act against the child 
  • Punishable with imprisonment up to 5 years, and shall also be liable to whipping
Section 13 of the Sexual Offences Against Children Act 2017

Meeting following child grooming

  • Punishable with imprisonment up to 10 years, and shall also be liable to whipping
Section 14 of the Sexual Offences Against Children Act 2017

Physical sexual assault on a child

  • Sexual assault includes touching any part of the child’s body, making the child do this to oneself or any other person, as well as any other acts that involve physical contact with a child without sexual intercourse
  • Punishable with imprisonment up to 20 years, and shall also be liable to whipping
Section 15 of the Sexual Offences Against Children Act 2017

Non-physical sexual assault on a child

Non-physical sexual assault includes

  • Sexual words, sounds or gestures
  • Making the child exhibit the child’s body (or any part of it) so that it is seen by the perpetrator or any other person for sexual purposes
  • Making the child engage in the sexual activity
  • Constant following or watching or contacting the child by any means for sexual purposes
  • Threats to use visual, audio or written representation of a child’s body (or any part of it) engaged in a sexual activity via any means  
  • Engagement of sexual activity in the presence of a child
  • Making the child watch or hear the perpetrator or any other person engaging in a sexual activity, or representations of that activity via any means

Punishable with imprisonment up to 10 years, or a fine up to RM20,000, or both

For more information on consent, myths, effects, what you can do if you are sexually assaulted and how to support survivors of sexual assault, please go to Rape.