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ADVOCACY

 

Victim Support

WCC’s Advocacy work started in the late 1990s with legislative reform and campaigns, and lobbying activities on ending violence against women and children. Our work has now expanded to include supporting victims in court as well as training and consultations with stakeholders and government agencies.

Victim support is at the frontline of what we do in advocacy currently. By supporting victims of domestic violence and sexual assault, we enable them to seek justice for their cases. It grounds us deeply in our client’s lived realities, giving us strong practical experience and understanding which in turn support our lobbying for better laws and policies. Many of the sexual crimes we encounter involve child sexual abuse and most victims are women and girls, which reflects the prevalence of gender-based sexual violence.

Support for Victims of Domestic Violence and Sexual Assault

WCC provides the following advocacy services for our clients:

  • information on police investigations and accessing initial protective measures
  • information on their rights and options for long-term protection
  • arrangements with watching brief lawyers or legal companions for court trials
  • information on their rights to special measures in court (e.g. video live link)
  • post-trial legal advice on the appeal process and right to redress, as well as referrals for healing and recovery (play therapy or psychiatric treatment)

Besides accompanying victims in court for trials, our team handles hundreds of telephone calls and online messages, e-mails, letters, and meetings with various government agencies in the criminal justice system to ensure that the victims’ rights are protected and that they achieve the best access to justice throughout the process.

Research Publication: Standing with Sexual Crime Victims: WCC Support Services 

In 2021, WCC published a research publication documenting the victim support services that we provide for domestic violence and sexual assault clients. Click here to read more.

Surviving Court Guidebook and Video Series

Many victims who go to court do not understand the complicated court process. In 2013, WCC published a user-friendly guidebook entitled Surviving Court: A Guide to Understanding the Criminal Court Process to empower sexual crime victims and their family members, who may be witnesses in the criminal trial, with practical information on court procedures and their rights during court trials.

The guidebook is available in 3 languages, English, Bahasa Malaysia, and Chinese, and has been widely downloaded from our website. To make this guidebook more accessible, a YouTube video series, Menghadapi Proses Mahkamah, featuring popular Malaysian celebrity, Sarimah Ibrahim, was produced with subtitles in four major languages (English, Bahasa Malaysia, Chinese and Tamil).

Video: The Shower

In conjunction with the International Day for the Elimination of Violence Against Women 2020, WCC released a video that highlights the importance of believing sexual assault victims instead of blaming them. Click here to watch.

Dialogues and Meetings

WCC holds regular dialogues and meetings with key agencies to ensure that the agencies involved in administering justice for domestic violence and sexual crime victims perform their services effectively and cooperatively with each other, so as to ensure better provision of support for victims of gender violence.

These agencies comprise hospitals (particularly the One Stop Crisis Centres, OSCCs), Social Welfare Department, police, deputy public prosecutors (DPPs), courts and lawyers.

We convened two major national level dialogues on eliminating discrimination against women and children (in 2013), and on the rights of vulnerable witnesses in courts (in 2015, in collaboration with the Prime Minister’s Department, UNICEF and the Bar Council). In 2017, the National Consultation of “The Rights of Vulnerable Victims in Court” publication was published to lobby for a better victim support system in Malaysia.

Our ongoing work includes holding annual dialogues at the Penang state level. In 2017, the Ministry of Women, Family and Community Development (MWFCD) cited WCC’s inter-agency dialogues as an exemplary model of multi-stakeholder consultation. Our dialogues have also enabled us to form long-term strategic networks and strong relationships with various stakeholders. The trust and credibility that we have gained along the way have stood us in good stead when pushing for reforms.

Training Stakeholders

With the aim to enhance their understanding of the rights and challenges faced by vulnerable victims of domestic and sexual violence, WCC trains stakeholders such as:

  • Judges and magistrates (through the National Legal and Judicial Training Institute, ILKAP)
  • Public prosecutors from the Attorney-General’s Chambers (AGC)
  • Representatives from the national Legal Aid Department (Jabatan Bantuan Guaman)
  • Members of the police force
  • Watching brief lawyers
  • Court interpreters
  • Representatives of the Social Welfare Department and hospitals (the One Stop Crisis Centre or OSCC in particular)
  • Members of the media and other key stakeholders and agencies

When these stakeholders are more aware of the issues and difficulties from the victim’s perspective, they are in a better position to ensure that justice for victims is carried out during medical examinations, reporting, investigation, prosecution, trial and sentencing. In particular, WCC is proud to have trained judges, magistrates and prosecutors, a rare achievement and privilege accorded to very few organisations.

Sexual Crime Training Curriculum

In 2013, WCC was invited to prepare a curriculum for sexual crime training for Deputy Public Prosecutors. The following year, we were invited by ILKAP to design the modules and conduct the training for the AGC and the judiciary.

In 2015, in collaboration with the Federal Court Training Unit, the AGC, and ILKAP, our sessions were added into ILKAP’s yearly training schedule. Subsequently, we included the topic of understanding domestic violence in the training module. To date, we have trained hundreds of judges, magistrates, and prosecutors, as well as other frontline service providers involved in investigation and court processes.

Watching Brief Training for Lawyers

We are also fortunate to have the support of volunteer watching brief lawyers over the years. Our watching brief trainings for lawyers have been carried out since 2012, beginning with Penang and growing to include lawyers from the northern region states, Kelantan and southern peninsular Malaysia, attracting the recognition and support of the Malaysian Bar.

Media Ethics & Child Protection Awareness

In 2014, WCC’s Advocacy Team surveyed 10 English, Bahasa Malaysia and Chinese newspapers to find out whether the articles they published could lead to the identification of a particular child reported as a victim in a sexual crime. We found that 15% of the media articles could lead to the identification of the child. Such a breach of privacy is a criminal offence under the Child Act 2001.

Armed with these results, WCC organised a forum entitled Child Privacy and the Media for practising journalists, lecturers, and journalism students. We underlined the importance of media ethics in reporting sexual crimes involving children. Since then, in collaboration with local colleges and universities, we have trained over 400 journalism students on ethical media reporting.

Our trainings are meant to shape a more gender-sensitive approach so that sexual crime victims especially children do not get victimised again through the laws and the media.

Legislative and Policy Reform

Legislative reform efforts pertaining to gender-based and sexual violence against women and children have been the cornerstone of WCC’s Advocacy work for decades. We lobby and campaign in tandem with our sister organisations in the national-level coalition of Malaysian women’s groups known as the Joint Action Group for Gender Equality (JAG).

Together, we have issued press statements and submitted memorandums and input to the government, including draft legislation, research papers and briefing points. We also participate in meetings organised by Malaysian ministries, government departments, and other organisations, giving our input on laws, policies, and practices related to women and children’s rights, especially on issues of gender-based and sexual violence.

Domestic Violence Act 1994

WCC, as part of JAG, has contributed towards improved protection and justice for victims of domestic violence in Malaysia through the passing of the Domestic Violence Act 1994. We also contributed towards subsequent amendments to the Domestic Violence Act 1994 with regard to sexual crime provisions of the Penal Code, laws on evidence (including the evidence of child witnesses), and much more.

In 2013, WCC became part of the Attorney General Chambers’ Coordinated Working Committee on Law to work towards public consultations on proposed legislation before such laws are passed. We have also worked closely with the Parliamentary Gender Caucus, UNICEF, the Ministry of Women, Family and Community Development and the Attorney General Chambers, all of which has resulted in some very positive changes in our laws.

Sexual Offences Against Children Act 2017

Photo credit: The Star

WCC’s input and involvement as a member of the Task Force on Sexual Offences against Children were critical towards the passing of the Sexual Offences Against Children Act 2017, which recognises child grooming and child pornography as crimes deserving of heavier penalties. This represents a milestone in the protection of children in the country.

Other related developments and milestones include:

  • The setting up of a Special Court in Putrajaya for sexual cases involving children
  • The introduction of “legal companion” services to assist victims of child sexual crimes in court through the Legal Aid (Amendment) Act 2017
  • The launch of a standard operating procedure in the handling child sexual crime cases

Promoting the Rights of Women and Children

As part of JAG, we endorse numerous statements on women’s human rights issues. We also raise awareness on the rights of women and children through talks and trainings for the police, hospitals, lawyers and the community at large, especially on domestic violence, sexual crimes, and the rights of vulnerable victims.

In 2014, following the tragic death of one of our clients who was allegedly severely burnt by her husband, WCC led a protest and presented a memorandum to the Penang police headquarters demanding better protection for domestic violence victims. The following year, WCC, as part of the Citizens Against Rape campaign, rallied in Kuala Lumpur to protest against the acquittal of a 60-year-old man who impregnated a 15-year-old girl in Sarawak.