THE PROTECTION AND WELL-BEING OF CHILDREN FROM SEXUAL HARRASSMENT: LEGAL REVIEW IN MALAYSIA

Abstract

Sexual harassment on children could lead to sexual assault. However, the interpretation between sexual harassment and sexual assault is still vague. They are often considered the same and used interchangeably. Hence, provision on children sexual assault offense should specifically be done in term of defining and controlling children sexual harassment in Malaysia to reflect seriousness in dealing with this issue. This research was performed using a combination of two main forms which were qualitative and field research. Qualitative method can be defined as a method that focuses on the effort of searching and providing explanation and non-numerical observation even though some explanations refer to statistic. Most research in this domain provide explanation, interpretation, or meaning in process of communication. This method is also an effort in providing explanation on behaviour and condition of human using general opinion on any social action. This research also implemented content analysis. In content analysis, researchers analyse documents to understand the content and meaning that is imbedded in the documents. Children Act 2001 only allocates children sexual abuse but not on children sexual harassment in Malaysia. Child Sexual Crimes Offenses Act 2017 is an approved act aimed at protecting children 18 years and below from sexual crimes consistent with the Child Act 2001. A best effort by the government in dealing with sexual crimes against children. The type of offense and punishment more clearly demonstrates the government's commitment in improving the safety of children from sexual assault.