What to do and your reporting options
Sexual offences and harassment
‘Sexual offences’ is a description used to cover a wide range of sexual activity prohibited by criminal law including rape and sexual assault. A sexual offence can also occur in the context of family violence.
In the Malaysia Penal Code, rape is defined as non-consensual sexual intercourse or consensual sexual intercourse by causing fear of death or hurt to the woman. If you are under 16 years of age, sex with or without your consent is statutory rape.
Chapter XVI of the Penal Code Act 574 (‘Penal Code’) sets out sexual offences that one can be prosecuted for in Malaysia.
The Sexual Offences Against Children Act came into force in July 2017 and makes the following activities offences if they involve victims, both Malaysian citizens and non-citizens, below the age of 18:
- Making, possessing, distributing, seeking, and profiting from child pornography;
- Withholding information on sexual crimes against children;
- Physical sexual acts including touching a part of a minor's body, making a minor touch any part of another person's body, or making the minor touch his or her own body without intercourse;
- Non-physical sexual grooming such as carrying out sexual activities in front of a minor;
- Non-physical sexual assault including following, watching or contacting a minor for sexual purposes; and
- Making requests for a minor to exhibit his or her own body or body parts.
If someone is below the age of 18, you should not engage in any of the activities listed above, which would include requesting and sending nude photos, sexting, cyberstalking and contacting minors for sexual favours.
Sexual harassment is unwanted, unwelcome or uninvited behaviour of a sexual nature in circumstances in which a reasonable person, having regard to all the circumstances, would have anticipated the possibility that the other person would feel humiliated, intimidated or offended. It may include:
- Unwanted requests for sexual favours
- Offensive comments of a sexual nature
- Staring or leering
- Sexual or smutty jokes
- Comments, questioning or teasing about a person's alleged sexual activities or private life
- Persistent unwelcome invitations, telephone calls or emails of a personal nature
- Offensive hand or body gestures
- The display of sexually suggestive material
- Sending sexually explicit emails or text messages
- Unwanted ongoing declarations of affection or approaches for affection, including gifts and being followed
- Sexual assault or rape
- Use of University computer systems for the retention and distribution of sexually explicit material
Sexual harassment is not behaviour which is based on mutual attraction, friendship and respect. If the behaviour is consensual, it is not sexual harassment.
What to do
Are you in immediate danger?
Your safety is paramount.
For immediate response on campus, contact the Campus Security hotline on +603 5514 6333 (Sunway Campus) or +607 2190 680 (CSJB), in the first instance, as they know the campus layout and building details and will be able to contact the Royal Malaysia Police and guide them to your location.
Outside of Monash University Malaysia there are other services available to you, here are just a few:
- In an emergency, police or ambulance on 999.
- Women’s Aid Organisation (WAO) on +603 7956 3488 or TINA via Whatsapp/SMS on +6018 988 8058 (24 hours hotline).
- All Women’s Action Society (AWAM) on +603 7877 0224 or +603 7877 4221.
For any general security enquiries on campus, such as getting a security escort on any campus, Campus Security can be contacted on +603 5514 6065 (Sunway Campus) or +607 2190 680 (CSJB).
Who to talk to on campus?
If you experience, see or hear about behaviour that may be illegal, concerning or unacceptable, please report it to us.
Remember to let others help you. Talk to friends, family and anyone you think can help you. There is no right or wrong way to deal with sexual assault or sexual harassment, you need to do what feels right for you.
Student Advisory and Support
If you are a victim/survivor of sexual assault or sexual harassment, we encourage you to talk to the university’s Student Advisory and Support Officer.
The Student Advisory and Support Officer understands there are difficult decisions to be made and provides a safe place where options can be explored. The Student Advisory and Support Officer provides a coordinated response to ensure the best available service to victims/survivors, and other persons involved, to mitigate any ongoing risks. Information and support provided by the Student Advisory and Support Officer includes:
- providing advice and assistance to any students raising a concern, as and when required;
- explaining Monash University Malaysia's Resolution of Unacceptable Behaviour Procedure and Student Discipline Procedure to students;
- advising students of the various avenues of support available to them through Monash University Malaysia;
The Student Advisory and Support Officer is available Monday to Friday from 9am to 6pm, with the contact details below:
Ms. Serena Chow
Tel: +603 5514 4411
Talking with a Counsellor
If you wish to talk to a counsellor they are available on campus at the Counselling and Wellness Centre. You may also seek counselling off campus from the Women’s Aid Organisation (WAO) or All Women’s Action Society (AWAM).
Monash University Malaysia’s counsellors can help students through difficulties, dilemmas and anxieties concerning them. To make an appointment with the Counselling and Wellness Centre, please email email@example.com, or visit them at Building 2 Level 2 (Sunway Campus) or Room 9, Level 2, Monash 1 (Clinical School Johor Bahru). Alternatively, you may contact any of the counsellors below;
|Sunway Campus||Clinical School Johor Bahru (CSJB)|
Ms. Na Mui Gee +603 5514 6057
Ms. Soon Saw Imm +603 5514 4981
Ms. Carole Chung +603 5514 6068
Ms. Siow Li Fong +603 5514 6066
Ms. Siau Yee May +607 2190 635
WAO counsellors provide counselling, shelter and case management to victims/survivors of sexual assault or domestic violence. To organise an appointment with Women’s Aid Organisation (WAO) contact +603 7956 3488.
AWAM provides counselling and legal information to people in crisis and anyone who faces gender-based violence (including domestic violence, rape and sexual assault, and sexual harassment). AWAM’s counselling is handled by trained volunteers and counselling interns while legal information is provided by legal interns in association with the Kuala Lumpur and Selangor Legal Aid Centre. All of them are trained to offer support that is non-judgemental and empathetic.
To receive counselling and/or legal aid over the phone or to make a face-to-face appointment at AWAM, call +603 7877 0224 or +603 7877 4221.
Out of Office Hours
If you wish to speak to someone urgently after office hours:
- Emergency student hotline at +6019 272 5859 (24 hours hotline)
- Women’s Aid Organisation (WAO) TINA via Whatsapp/SMS on +6018 988 8058 (24 hours hotline).
What are my reporting options?
Here are some options you can take if you have experienced sexual assault or harassment;
Option 1: Contact SAS
Monash University Malaysia’s Student Advisory and Support (SAS) Officer will provide you with care and guidance that will help you assess your options regarding reporting and support services.
The SAS Officer is available Monday to Friday from 9am to 6pm on +603 5514 4411 or by email at firstname.lastname@example.org.
Option 2: Contact WAO or AWAM
WAO and AWAM are both human rights groups and member groups of the Joint Action Group (JAG) for Gender Equality. Both of these organisations provide free counselling and legal information services to victims or survivors of sexual assault and harassment.
WAO also provides case management services by assisting victims or survivors with access to government agencies such as the police, hospitals, welfare department and court.
To organise an appointment with Women’s Aid Organisation (WAO) contact +603 7956 3488.
To receive counselling and/or legal aid over the phone or to make a face-to-face appointment at All Women’s Action Society (AWAM), call +603 7877 0224 or +603 7877 4221.
Option 3: Make a police report
Alternatively you may go directly to the nearest police station to make a police report. Your statements can be done either in Bahasa Malaysia or English.
There are three (3) ways to submit your statement:
- Typing the statement by yourself
- Orally dictating your statement to the officer
- Preparing your statement in advance, and bringing it to the police station in a pen drive
If you do not wish to press any charges, but would like to document the incident, you can make a “cover report” instead of an “action report”.
The WAO has provided guidelines on reporting sexual assault in their website as follows: http://www.wao.org.my/Sexual+Assault_79_76_1.htm
As an international student you may be frightened or more reluctant to come forward and report a sexual assault or sexual harassment to the University. Your visa will not be affected if you choose to report the sexual assault or sexual harassment to the Student Advisory and Support Officer, Royal Malaysia Police or another support service. You are entitled to the same advice and support as domestic students.
You are entitled to privacy when you disclose an incident of sexual assault or sexual harassment.
If you have concerns about privacy ask the Student Advisory and Support Officer, counsellor or service provider about their obligations to keep your information private.