Laws in Malaysia
Laws Related To Child Sexual Abuse
Child Act 2001 and the Child (Amendment) Act 2016
| Sections | Offences/Terms | Punishments |
| 15 | Restrictions on media reporting and publication – Any mass media shall not reveal the name, address or educational institution, picture or include any particulars calculated to lead to the identification of any child involved in any criminal court proceedings or under this Act. | Liable to an imprisonment maximum 5 years or fine maximum RM10,000 or both. |
| 27, 28 & 29 | Duty to inform – A medical officer or medical practitioner, or member of the family, or childcare provider who believes that a child is physically or emotionally injured due to being ill-treated, neglected, abandoned or exposed or is sexually abused, shall immediately inform a Social Welfare Officer. | Failure to inform – Liable to an imprisonment maximum 2 years or fine maximum RM5,000 or both. |
| 29A | Duty to inform – Any person other than those referred in Sections 27,28,29 who believes that a child is physically or emotionally injured due to being ill-treated, neglected, abandoned or exposed or is sexually abused, may inform a Social Welfare Officer. | No penalty. |
| 31(1) | Ill-treatment of children- Any person who having the care of a child— (a) abuses, neglects, abandons or exposes the child or acts negligently in a manner likely to cause him physical or emotional injury; or (b) sexually abuses the child or causes or permits him to be so abused. | Liable to a fine maximum RM50,000 or imprisonment maximum 20 years or both. In addition, may be ordered to execute a bond for good behavior and perform community service. |
| 32 | Children not to be used for begging or any illegal activities- Any person who causes a child to carry out any such activities will to be punished. | Liable to a fine maximum RM20,000 or imprisonment maximum 5 years or both. In addition, may be ordered to execute a bond for good behavior and perform community service. |
| 33 | Any person leaving children without reasonable supervision will be punished. | Liable to a fine maximum RM20,000 or imprisonment maximum 5 years or both. In addition, may be ordered to perform community service. |
| 116 | Any person who gives any information that a child is in need of protection shall not incur any liability for defamation or otherwise shall not be held to constitute a breach of professional etiquette or ethics or a departure from accepted standards of professional conduct for giving such information. | No penalty. |
Sexual Offences Against Children Act 2017 (SOAC)
| Sections | Offences | Punishments |
| 5 | Making, producing, directing the making or production of child sexual abuse material. | Imprisonment maximum 30 years and minimum 6 strokes of whipping. |
| 6 | Making preparation to make, produce or direct the making or production of child sexual abuse material. | Imprisonment maximum 10 years and liable for whipping. |
| 7 | Using a child in making, producing, directing the making or production of child sexual abuse material. | Imprisonment maximum 20 years and minimum 5 strokes of whipping. |
| 8 | Exchanging, publishing of child sexual abuse material. | Imprisonment maximum 15 years and minimum 3 strokes of whipping. |
| 9 | Selling child sexual abuse material to a child | Imprisonment maximum 15 years and minimum 5 strokes of whipping. |
| 10 | Accessing child sexual abuse material. | Liable to imprisonment maximum 5 years or fine maximum RM10,000 or to both. |
| 11 | Sexually communicating with a child (except for education, scientific/medical purposes). | Imprisonment maximum 3 years. |
| 12 | Child grooming. | Imprisonment maximum 5 years and liable for whipping. |
| 13 | Meeting following child grooming. | Imprisonment maximum 10 years and liable for whipping. |
| 14 | Physical sexual assault on a child. | Imprisonment maximum 20 years and liable for whipping. |
| 15 | Non-physical sexual assault on child e.g. makes a child exhibits the child’s body to be seen by others for sexual purposes. | Imprisonment maximum 10 years or fine maximum RM20,000 or both. |
| 15A | Sexual performance by a child. | Imprisonment maximum 20 years and liable for a fine maximum RM50,000. |
| 15B | Sexual extortion of a child. | Imprisonment maximum 10 years. |
| 16 | If a person in a relationship of trust commits any offence under this Act, punishment to be more severe. Persons in relationship of trust include: a) parent/guardian/relative b) babysitter c) teacher/lecturer/warden d) healthcare providers e) coach f) public servant | In addition to punishment for such an offence, will be punished with further imprisonment maximum 5 years and whipping minimum 2 strokes. |
| 19 | Failure to give information – Any person who fails to give information of any child sexual abuse case to the police commits an offence. | Liable to a fine maximum RM5,000. |
| 25 | Provisions regarding whipping: If a person convicted under this Act is a male over 50 years of age. | Is still liable for whipping. |
| 26 | Rehabilitative counselling. | The court may, in addition to any punishment imposed, order a period of rehabilitative counselling on the person convicted within the period of his detention. |
| 27 | Police supervision. | When a person is convicted of any offence under this Act, the court shall direct that he be subject to the supervision of the police for a period of not less than one year and not more than three years after the expiration of the sentence passed on him. |
Penal Code
| Sections | Offences | Punishments |
| 354 | Molestation (Assault or use of criminal force on a person with intent to outrage her modesty). | Imprisonment maximum 10 years or fine or whipping or any two of such punishment. |
| 355 | Assault or use of criminal force with intent to dishonour a person, otherwise than on grave provocation. | Imprisonment maximum 2 years or fine or both. |
| 372 | Exploiting any person for purposes of prostitution. | Imprisonment maximum 15 years with whipping and liable to fine. |
| 375 (a, g) & 376 | Rape is sexual intercourse with a woman who is not his wife and without her consent. Statutory rape is sexual intercourse with a girl under 16 years of age with or without her consent. | Imprisonment maximum 20 years and whipping. |
| 375B | Gang rape. | Imprisonment minimum 10 years, maximum 30 year. |
| 376 (2)(d, e) | Statutory rape without a girl’s (below 16 years of age) consent and sexual intercourse with a girl below 12 years of age with or without her consent. | Imprisonment minimum 10 years, maximum 30 years and whipping. |
| 376 (4) | Causes death of the woman while committing or attempting to commit rape. | Death or imprisonment minimum 15 years, maximum 30 years and whipping minimum 10 strokes. |
| 376A & 376B | Incest (Sexual intercourse with someone whom that person is not allowed to marry, whether under the law, religion, custom or usage). | Imprisonment minimum 10 years, maximum 30 years and whipping. |
| 377A & 377B | Sodomy (Carnal intercourse against the order of nature which is sexual connection with another person by introduction of the penis into the anus or mouth of the other person). | Imprisonment maximum 20 years and whipping. |
| 377C | Committing carnal intercourse against the order of nature without consent, or putting the other person in fear of death or hurt to the other person or any other person. | Imprisonment minimum 5 years, maximum 20 years and whipping. |
| 377CA | Sexual connection by the introduction of any object into the vagina or anus of another person without consent. | Imprisonment minimum 5 years, maximum 30 years and whipping. |
| 377D | Outrages on decency. | Imprisonment maximum 2 years. |
| 377E | Inciting a child under 14 years to an act of gross indecency. | Imprisonment minimum 3 years, maximum 15 years and whipping. |
| 509 | Word or gesture intended to insult the modesty of any person. | Imprisonment maximum 5 years or fine or both. |
Evidence of Child Witness Act 2007 and relevant amendments
The Evidence of Child Witness Act 2007 (ECWA) helps protect children (defined as any person under the age of 18) who are witnesses in criminal cases, to ensure they can give their testimony without feeling too much stress or trauma. The Act has been amended twice since its passing in 2017; in 2023 and 2024 respectively.
Here are some key ways that the ECWA currently protects child witnesses, especially during the court process:
- A child witness may give evidence by having a screen to protect her from seeing the accused, through video live link or by video recording, or by way of a special hearing
- The examination or questioning of a child witness may also be done through an intermediary, who facilitates communication between the child and the court
- During court proceedings, the judge can stop inappropriate questions (such as those which are misleading, insulting, repetitive) from being asked when questioning a child
- The judge can also dispense with formal attire when a child is testifying, to create a more friendly and informal atmosphere.
- A child witness may be accompanied by an adult when giving testimony, as long as the adult does not interfere with the court proceedings
- During pre-trial case management, the court can make special requirements on how a child witness gives evidence, taking into consideration the child’s age and specific needs (including any disability). Such case management is mandatory in cases of sexual offences against children
For more information about the criminal court process, refer to our user-friendly guidebook on Surviving Court.
Check out books, posters & pamphlets and videos on Child Sexual Abuse.