PETALING JAYA: A rape victim should be taken immediately to the hospital to be examined by medical experts after making a police report, say lawyers and women’s groups.
They said the standard operating procedure clearly states that the police do not conduct any physical body examination on rape survivors.
The Association of Women Lawyers (AWL) said for minors, the SOP is found in the Child Act 2001 (relating to Children in Need of Protection) and in the Special Guidelines for Handling Cases of Sexual Offences Against Children in Malaysia.
AWL, when contacted through Sangeet Kaur Deo and Meera Samanther, said as per SOP, reports could be lodged at any police station or hospital by the victim or anyone acquainted with the complainant.
An investigating officer (IO) will be assigned to the case, interview the child and notify the Welfare Department should the child be in need of further protection.
The IO will also inform the complainant or child of the availability of a legal companion.
“The services of a legal companion will be provided to the victim aged below 18 by the Legal Aid Centre during the trial.
“The statement of the victim aged below 16 will be video-recorded at the child interview centre if necessary,” AWL said, adding that counselling may be provided during the investigation.
The IO will also take the victim to the hospital for a medical examination but in certain situations, the victim will go directly to the hospital with the parent or guardian.
AWL’s comments come after a police inspector in Kedah was charged with raping a 16-year-old girl in the IO’s room at the Yan district police headquarters on Dec 28 last year.
The accused was the IO who attended to the girl when she went to lodge a report about an alleged rape involving her.
AWL also said all medical personnel dealing with sexual offences against children must be trained in handling matters relating to child abuse and neglect (SCAN).
“Where the case is not critical, the child will be referred to the One-Stop Crisis Centre. The medical officer must provide a report to the Welfare Department or police thereafter and for critical cases, the child will be referred to the SCAN team,” it said.
It added that ideally, a female police officer, from the Sexual and Child Investigation Division (D11), should be present during the investigation but in practice, the child is often accompanied by an adult known to them.
AWL, however, noted that training and funding are major issues that will compromise the support provided to child witnesses and victims.
“The police may not have enough senior women officers to adequately manage the number of investigations as thoroughly as possible,” the association said.
AWL also called for the training of all personnel involved in the medical examination and investigation stage due to the court’s heavy reliance on this during the trial.
As for the SOP involving adult rape victims, AWL said the practice would be more or less the same, except that for children, they would have the involvement of the Welfare Department and have to be accompanied by a suitable adult.
Meanwhile, the All Women’s Action Society (Awam) called for the recently passed Independent Police Conduct Commission (IPCC) Act to be strengthened prior to its enforcement in June this year in order to uphold police accountability.
Awam information and communications officer Jernell Tan pointed to shortcomings of the Act, which states that the commission cannot act against police officers who have committed wrongdoing, but can only recommend action to the Police Force Commission or other relevant authorities.
She said the Act must be beefed up to allow a better police oversight mechanism following news of rape crimes being allegedly committed by the police over the years.
“This Act also does not mandate the Police Force Commission to implement these recommendations or report back to the IPCC on the actions taken.
“It is crucial that the Home Minister engages with the relevant stakeholders, including the Malaysian Bar and other human rights groups, to review and address these gaps.
“Having a female police officer present when rape victims file a report can help protect and enhance the interviewee’s comfort, safety, privacy, security and dignity,” she added.
While it may not be feasible to mandate the policy of assigning only female officers or deputies in light of manpower constraints, the public should be made aware that they could request for an officer of the same gender during the interview, Tan said.
