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Empirical Analysis of Court Cases on Sexual Violence in Malaysia

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  • Nasreen Miza Hilmy Nasrijal

    (Universiti Teknologi MARA Cawangan Melaka, Malaysia)

  • Zuramaznum Sainan

    (Universiti Teknologi MARA Cawangan Johor, Malaysia)

  • Rachel Samuel

    (Universiti Teknologi MARA Cawangan Melaka, Malaysia)

Abstract

Women and children suffer sexual violence despite the harsh punishment in Malaysia under the Penal Code of Malaysia and the Sexual Offences Against Children Act 2017. Statistics from the Malaysian Royal Police show that sexual offences cases are on the rise. However, not all cases result in a guilty verdict in court. Using purposive sampling, this research conducted a qualitative doctrinal analysis of cases from 2013 to 2023 which have been decided by the courts and published in law journals. The objectives of this research are firstly, to examine how women and children become victims of rape and sexual violence; and secondly, to examine the obstacles faced in convicting the accused. It is found from the published articles that vulnerable victims fall prey to the perpetrator’s deceit, threat or promises. Failure to promptly report the crime, failure in preserving evidence of sexual violence, and creating common mistakes in court are hurdles in convicting the perpetrators.

Suggested Citation

  • Nasreen Miza Hilmy Nasrijal & Zuramaznum Sainan & Rachel Samuel, 2024. "Empirical Analysis of Court Cases on Sexual Violence in Malaysia," International Journal of Research and Innovation in Social Science, International Journal of Research and Innovation in Social Science (IJRISS), vol. 8(9), pages 2437-2447, September.
    • Handle: RePEc:bcp:journl:v:8:y:2024:i:9:p:2437-2447
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    References listed on IDEAS

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    1. Jerry A. Coyne & Andrew Berry, 2000. "Rape as an adaptation," Nature, Nature, vol. 404(6774), pages 121-122, March.
    2. Ashley K. Fansher & Bethany Welsh, 2023. "A Decade of Decision Making: Prosecutorial Decision Making in Sexual Assault Cases," Social Sciences, MDPI, vol. 12(6), pages 1-23, June.
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