Written by: Averroes
(1.0) Introduction
A 17-year-old teenage girl by the name Ain Husniza Saiful Nizam received sheering popularity on TikTok after her video condemning jokes related to rape. Her short video became a topic of discussion among netizens and the society. It includes elements of misogyny, sexual violence and sexual education in Malaysia.
She said that, topics related to such elements are viewed sensitively and it is difficult to gain traction. Ergo, the hashtag #MakeSchoolASaferPlace was created in order to spread awareness and motivate other teenagers to address the issue of those elements in school, including racism.
It began when in her physical education class, the teacher joked about that it was safe to rape a girl who was above 18 and the boys began to laugh. The teacher was also alleged to say that if a boy were to be raped, it was fine as boys were to interpret it as pleasure!?
(1.1) Backlash
Some students and teachers alleged her of attracting negative attention, especially the possibility of discrediting her own school. She was even threatened with rape from her schoolmates and given crude criticisms on her appearance. From sexual harassment, it spiraled to cyber-bullying.
One online comment about her, was that she was to blame, since she did not cover her aurat (which are the parts of a female that cannot be exposed) and did not dress modestly. She added that it is still a social phenomenon that men are permitted to post those type of comments.
With her hashtags and posts on TikTok and Twitter, she screenshotted inappropriate comments where she added the texts of "apologize to us."
Though, her parents reported to the police due to the sexual jokes and threat made to their daughter. It was not mentioned as to what laws are the parties to be investigated, but we could hypothesize as follows.
According to Education Minister Radzi Jidin, he commented that it has become a police case, but investigation is still pending, to determine the appropriate and strict measures to be taken.
(1.2) Apology and NFA
Later, the father of Ain Husniza said that there would be no police case anymore, since boys of the families came before him to plea forgiveness. This would be treated as no further action or NFA. He forgave them as to educate them, not punish, since they were still underaged.
However, the report against the teacher was not retracted, but the father did forgive the teachers. He wanted to set this as a reminder to everyone and to prevent this issue from occurring again. A precedent has to be established so no similar incidents would repeat itself.
As of now, there is no update on the teacher yet.
Many of others had even messaged the father on Whatsapp and Facebook to apologise for the comments that they have made. To him, it is a good indicator that the people are beginning to repent and reevaluate themselves.
(2.0) Laws that could be observed
Among the laws that the public should know and may report to the authorities would include the following, but this is a non-exhaustive list;
(2.1) Section 503 of the Penal Code
This concerns the law for those threatening another with any injury to his person, reputation or property,...with intent to cause alarm to that person,... commits criminal intimidation.
Therefore, making comments and threats of rape is criminal intimidation falls under this provision.
For instances, mere words to threat of rape is sufficient as seen in the Sinnasamy Case [2005] 7 MLJ 570 citing the Lee Yoke Choong case [1964] MLJ 138, where the accused forced the complainant to withdraw police reports lodged against him or else acid would be thrown to make him blind.
(2.2) Section 509 of the Penal Code
Whoever, intending to insult the modesty of any person, utters any word, makes any sound or gesture,... intending that such word or sound shall be heard,... or intrudes upon the privacy of such person, shall be punished with imprisonment for a term which may extend to five years or with fine, or with both.
Hence, uttering words or jokes hat has the effect of being heard or intrudes upon the privacy of another is a crime.
(2.3) Section 233(1)(a) of the Multimedia and Communications Act 1998
This law is applicable which an offence is committed online. The statutory elements would include the netowrk communication on online platforms and the intention to annoy, abuse, threaten or harass any person. This law has been criticized for its broad application and interpretation. This was the elements as outlined the Rutinin case [2014] 5 MLJ 282.
However, laws governing this would extend to the online comments, cyber-bullying, body-shaming and sexual harassment through digital means.
(2.4) Section 11 of the Sexual Offences Act 2017
Though most of the offences under this act would be section 14 which are offences committed physically, verbal communication is also an offence which involves the rape jokes.
(3.0) Solutions;
(3.1) Standing up for oneself and others
When we see other people being harassed or subjected to cruel behaviors of others, we have to intervene. Leaving the problem to continue on spreading will never meet ends. Everyone needs to participate and play an important role to resolve this issue.
Just like Ain, we could publicize and share awareness through social media in our own ways and fashion, to reach a larger audience from all standings. We live in a digital and globalized world and information could be disseminated at a rapid pace.
Some of Ain's messages include,
"I am still a child. Female students are still children. Boys deserve better education."
"If you really want to make a change, start speaking out when you see this sort of paedophilic, grooming behaviour by adults. We must let them know it is time for them to take accountability for their actions. Start speaking up."
"Do not let my fight be in vain. I am willing to go through all this if it means no student will ever have to go through or feel what I feel right now. For our next generation. For us. Make a ruckus,"
(3.2) Improving governmental policies and laws
The government should improvise and implement better educational policies. In schools, subjects related to sex and cultural norms must be in tandem, contemporaneous and aligned with social changes and understanding of not just Malaysia, but the world.
In school, cultural norms should not impose a rigid boundary when it comes to sexual education. We do acknowledge that our Malaysian culture is distinct and unique, but at the same time, these cultural norms should not be too exemplified.
Topics as such is not something to be embarrassed or ashamed of to discuss. There seems to be a need to be a partition between sexual education and cultural norms.
The Sexual Harassment bill is still in its initial stages and have not been passed in Parliament.
(4.0) References;
https://www.reuters.com/world/asia-pacific/malaysian-teen-slams-rape-jokes-by-teacher-viral-video-vows-2021-04-30/
https://www.straitstimes.com/asia/se-asia/malaysias-education-ministry-to-probe-allegations-of-rape-jokes-by-teachers
https://www.malaymail.com/news/malaysia/2021/04/29/dad-of-teen-who-called-out-teacher-over-rape-jokes-says-schoolmates-who-mad/1970386
https://www.thestar.com.my/news/nation/2021/04/28/teen-who-exposed-teacher039s-rape-jokes-hits-back-at-cyberbullies-bodyshamers
https://www.malaymail.com/news/malaysia/2021/05/04/makeschoolasaferplace-not-just-students-ains-father-says-female-teachers-re/1971535
Nice writing dude👍
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