PETALING JAYA: Police have investigated nine cases since the anti-stalking law to complement the anti-sexual harassment law was passed in the Dewan Rakyat in May.
Two cases have been resolved while seven others are still pending, said Asst Comm Siti Kamsiah Hassan, who is also Bukit Aman’s Sexual, Women, and Child Investigations Division (D11) principal assistant director.
“We admit that there are still weaknesses in handling stalking cases – this is because this Act is still new.
“Nevertheless, continuous training will be given to investigation officers,” she told The Star.
As with other criminal cases, complainants are advised to lodge a report at the nearest police station.
“If their reports are not taken seriously, they can contact either the officer in charge of the police district or D11 Aman directly,” she said, adding that two of the cases received by the police were from male complainants.
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ACP Siti Kamsiah also said based on the reported cases, stalkers would harass their victims using social media platforms such as Instagram, Facebook, TikTok or others.
“Section 98A of the Criminal Procedure Code has details about a protection order that can be obtained by a victim and the ways to apply for it.
“Each reported case will be investigated under Sec 507A if there is an element of stalking,” she said.
Under the law, stalking is defined as a repeated act of harassment, intending to cause or knowing that the act is likely to result in distress, fear or alarm to any person.
The punishment for stalking under Section 507A is imprisonment for up to three years, a fine, or both if convicted.
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On sexual harassment, ACP Siti Kamsiah said the police do not have statistics for cases under the Act.
The offenders may end up paying the victims up to RM250,000 in compensation or in default, serve a two-year jail term.
A tribunal is provided for under the Anti-Sexual Harassment Act, which was gazetted on Oct 18 last year.
Among others, the Act provides for rights of redress for any person who has been sexually harassed, and a tribunal for Anti-Sexual Harassment to hear complaints on sexual harassment, raise awareness, and prevent such occurrences.
ACP Siti Kamsiah said the Women, Family and Community Development Ministry is in the process of finalising some matters on the establishment of the tribunal.
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“By looking at the definition as mentioned in the Anti-Sexual Harassment Act, we know that it does not directly involve enforcement by the police.
“If the complainant chooses to make a complaint to the tribunal, the investigative action will be carried out by the tribunal as stated in Sections 3 and 4 of the Act.
“If the tribunal finds that there is a criminal offence, then the case can be referred to the police and an investigation will be carried out according to normal procedures,” she added.