Getting Help
If you are sexually harassed, here are some steps you can take:-
Speak up. Tell the harasser firmly that his behaviour is unwelcome and that you want it to STOP. Here are some ways you can make your point:
- “When you look at me like that, I feel really uncomfortable. Can you please STOP doing this!”
- “I’ve said ‘NO’ before when you’ve asked me out, and I’m not going to change my mind. If you don’t stop, I’m going to have to tell XXXX.” (XXXX can be any person or authority who can help to stop the harassment)
- “I am going to file a report if you touch me or say that again.”
- “Yeah, I do have a sense of humour. But what you’re saying isn’t a joke – it’s sexual harassment. If you don’t stop, I will need to speak to XXXX.”
Record the details of the incident/s. The details such as when, where and how the incident/s happened can help to establish a case against your harasser. If the same person is also harassing any of your colleagues, ask them to keep records too.
Talk to someone. If the harassment continues, talk to someone who can help and provide emotional support for you. Talking can help you deal with feelings of fear, anxiety, and worthlessness which victims often experience.
Get help from any women NGOs. Call or visit a women NGO like WCC to discuss what steps to take to stop the sexual harassment. WCC can also provide counselling and court support for your case.
Get medical help. The effects of the sexual harassment incident/s can be devastating mentally. You can get counselling or therapy from a psychiatrist to work on your mental state. The mental health assessment report can be used as one of the proof of the effects of sexual harassment on you.
Lodge a complaint to the Tribunal for Anti-Sexual Harassment. Malaysia has passed the Anti-Sexual Harassment Act 2022. This Act provides for a right of redress for any person who has been sexually harassed in all aspects of everyday living. An anti-sexual harassment tribunal has been established under this law.
Lodge a police report. Once a police report is lodged, the police would have to look to the general criminal law (Penal Code) in order to decide which particular offence to charge the harasser with. The case would then be treated like any other sexual offence case. If you have any medical reports which state your mental assessment due to the sexual harassment, you can pass to the police for their investigation purposes.
A police report can be made at any police station. For the police report, below are the information needed:-
- When: When did it occur? – Date and time of the incident/s.
- Where: Where did it happen? – Location/s.
- What and How: What was the incident, and how did it happen and how many times it happened? – Details of the incident/s.
- Who: Who was involved and who was the alleged harasser?
- Effect: What’s the effect on you after the incident? Depression, etc.
- Why: Why is the report being lodged? For safety, for police to take action, etc.
Lodging a police report will send a clear message that what the harasser is doing is wrong. With the police investigation, the harasser can be charged in court for his actions. (Refer Laws in Malaysia Section)
Sue the harasser. If you wish to sue the alleged harasser through a civil suit it is best to consult a lawyer to advise you. Like any court case, there has to be enough evidence. The lawyer is able to represent you and file the civil suit in the court. However, taking the case to court is usually an expensive and time-consuming process.
What to do if you are harassed at your workplace?
If you experience any forms of sexual harassment at your workplace, please record the details of the incidents. Print out messages or emails or any sexual materials sent by the harasser, if any. Despite many limitations, sexual harassment at workplace is acknowledged under the Employment Act 1955 since the year of 2012. (Refer to Laws in Malaysia Section). By speaking up, you can help yourself and other victims of the same harasser. Your case may also help prevent the perpetrator from repeating the offence in the future.
(a) Make a written complaint to the Human Resource Department/Manager/Board of Directors.
Attach all the evidences that you have collected (such as written notes, video recordings, WhatsApp messages, etc) and make a written complaint by way of letter or email to the Human Resource (HR) department or to your manager or to Board of Directors or any higher authorities at your workplace. Explain in your letter or email that you wish the company to take necessary actions about the harassment you are suffering. You employer should or may have a protocol to deal with sexual harassment at workplace. You have all the rights to ask for an inquiry.
Upon receiving the complaint, your employer shall do a domestic inquiry or investigation in front of a neutral board, internally. With the findings of the neutral board, necessary actions will be taken against the harasser.
(b) Make a written complaint to the Labour Department.
If your employer fails to take any action, make a written complaint by way of letter or email to the Labour Department. Make sure you send a copy of the complaint to your company as well. By doing so, your employer will be aware of the seriousness and that the issue has been brought to the Labour Department.
The Labour Department will direct your company to inquire the complaint and submit the inquiry report within 30 days of such direction. If the complaint is made against a sole proprietor, the Labour Department will step in to do the inquiry. Upon inquiry findings, necessary actions will be taken. Any decisions made will be informed to you as soon as practicable.
If none of these are possible or if no action is taken by your employer, then you should seek these external agencies for help.
If you face retaliation for coming forward to complaint sexual harassment or you decide to resign the job due to the sexual harassment, you can seek help from the Industrial Relations Department (IRD).
(a) If you are dismissed unfairly.
File a complaint to the Industrial Relations Department (IRD) within 60 days from the date of dismissal, citing unfair dismissal and requesting to be reinstated in your former employment. This is provided under Section 20 of the Industrial Relations Act 1967. The IRD will call a meeting between you and your employer to mitigate the complaint. Your employer has to prove that dismissal was just cause.
If the dismissal was found to be unfair, the IRD could recommend reinstatement of your employment or compensation in lieu. If no settlement is reached, the case can be referred to the Minister of Human Resources for further action. If you fail to attend any of the meetings without any reasonable excuse, your complaint will be deemed to have been withdrawn. (Refer to Laws in Malaysia Section).
(b) If you resign due to the sexual harassment.
If you resign because of the situation got so bad and the company is not taking any action, your resignation can be deemed as “constructive dismissal”. You can lodge a report to the IRD. For cases of constructive dismissal, you as the complainant will need to prove that you have exhausted various avenues to get the harassment to stop.
(c) Seek help from a women NGO like WCC.
Call up or visit WCC to discuss about your sexual harassment case so that the social worker can counsel you and help you explore options and steps to take.
What to do if you are harassed online?
If you are harassed online, make sure you record the details of the incident/s and gather evidences such as screenshots, messages, URL links and pictures.
Some of the online platforms has their own reporting mechanism. Find out how to report on the post shared and make a report to the respective platforms. By doing so, the inappropriate posts may be removed.
In addition, you may take legal actions against the harasser. For this, you have to lodge a police report. A police report can be made at any police station. For the police report, below are the information needed:-
- When: When did it occur? – Date and time of the incident/s.
- What, Which and How: What was the incident, which online platform and how did it happen and how many times it happened? – Details of the incident/s.
- Who: Who was involved and who was the alleged harasser?
- Effect: What’s the effect on you after the incident? Depression, fear, etc.
- Why: Why is the report being lodged? For safety, for police to take action, etc.
The police will do the investigation and submit the investigation outcomes to the State Prosecution Office which will then decide whether to charge the suspect for the crime committed. If there is sufficient evidence, the suspect will be charged in court. Otherwise, no further actions will be taken.
You also can lodge a complaint to Malaysian Communications and Multimedia Commission (MCMC). The complaint can be made through online or at any MCMC office. Your complaint will be registered with a reference number. It is advisable for you to lodge a police report first and attached the report with your complaint. Investigation will be carried out and necessary actions will be taken. For more info, you can visit MCMC’s website at https://www.mcmc.gov.my/en/make-a-complaint/complaint-circle
Frequently Asked Questions (FAQs)
What can I do if I am dismissed by my company for complaining about sexual harassment?
If you are dismissed because you voiced objections against the harassment, you should write to the Industrial Relations Department (IRD) and file a complaint within 60 days. We encourage victims of sexual harassment to speak up, so that with enough support and evidence, the government will put into place effective laws and policies against such harassment. (Refer to the Get Help Section)
What about if I have to resign because the situation has become very bad?
If you resign because the situation got so bad, this is called “constructive dismissal” and you can take action for this as well, but you will need to be able to prove that you have tried various avenues to get the harassment to stop. State the reason in your resignation letter. You can lodge a report to the IRD. For cases of constructive dismissal, you as the complainant will need to prove that you have exhausted various avenues to get the harassment to stop. (Refer to the Get Help Section)
If I lodge a police report, what laws could the police or prosecution use to charge the offender with in court?
There are several sections in the Penal Code (criminal law) which the police could use to cover situations of sexual harassment, such as:-
- Section 354: Assault or use of criminal force with intent to outrage modesty.
- Section 377D: Outrages on decency.
- Section 509: Words or gestures intended to insult the modesty of a person.
Lodge police reports so that the necessary investigation can be carried out. If you remain silent, you can’t put a stop to the harassment.
Are women the only ones who get sexually harassed?
No, but most cases involve men harassing women. Relatively few men get harassed. Occasionally, men also harass other men.
How do you know if a sexual behaviour is “unwelcome”?
Sexual harassment is viewed from the victim’s perspectives. If the person is feeling uncomfortable or embarrassed by what your action, then it is unwelcome behaviour. If the behaviour gets no encouragement, or if they begin to avoid you or become emotionally distressed, these are signs that the attention is unwelcome.
Just one joke can’t be sexual harassment, can it?
While one joke alone may not be harassment, it could contribute to a “hostile environment”. In this situation, the question would be whether a “reasonable person” would find it offensive. In really serious cases, a single incident can create a “hostile environment” so offensive and intimidating that it interferes with a person’s ability to work or learn. For example, an employer telling an employee that her position will be affected by whether she allow sexual advances.
Why do some people sexually harass others?
Most people who harass others do so in a conscious or unconscious way to express their dominance or power. Others harass their peers in an attempt to seek peer approval.
How can we stop sexual harassment?
You can stop sexual harassment in these ways:-
- Share this information with others.
- Be supportive of people you know who are facing this problem. Encourage them to resist and take action.
- If you observe an act of sexual harassment, be courageous enough to be a witness.
- Don’t accept sexual harassment as “the way things are” or as a joking matter. Speak up and tell them to stop.
- Support policies in your company and legislation seeking to prevent sexual harassment.
- Support any campaigns on the Anti-Sexual Harassment Act 2022.