Child Abuse

Janet* has lived in a terrace house in Petaling Jaya for more than ten years. Although she is on friendly terms with her next-door neighbour, she does not inquire closely into their affairs. However, she has noticed that they treat their ten-year-old child violently, and have on several occassions seen the child with sizeable bruises on his arms and legs. Not wishing to interfere, she normally leaves them alone to "discipline" their child as they see fit.

Nonetheless, she feels uncomfortable with the situation. One evening, she chanced upon the boy selling chewing gum outside a social establishment in the city. Feeling very disturbed about his present living condition and future, she decided to take action. What can she do?

Child abuse is covered under the recently implemented Child Act 2001. It deals with children under the age of eighteen who are in need of care and protection and/or rehabilitation, offences related to their health and welfare and establishes the formation of Courts for Children, amongst other things.

Under section 17(1)(a) of the Act, a child is defined as in need of care and protection if, "the child has been or if there is substantial risk that the child will be physically injured or emotionally injured or sexually abused by his parent or guardian or member of his extended family." This means that if an adult who is supposed to be taking care of the child, or his/her extended family, abuses a child physically, emotionally or sexually, s/he can be charged for an offence under the Act. This is covered under Section 31 which sets the punishment for Ill Treatment, Neglect, Abandonment or Exposure of children to a maximum fine of RM20,000.00 or imprisonment for a maximum of ten years or both.

In addition, using a child for begging, whether under the pretence of singing, playing, performing or offering anything for sale is an offence under Section 32 of the Act. The punishment for the conviction of this offence is a maximum fine of RM5,000.00 or imprisonment for a maximum of two years or both.

The Act also mandates a member of the family and/or a doctor to inform the Authorities if they suspect that a child is being abused. Failing to do so, you may be liable to a maximum fine of RM5,000.00 or imprisonment for a maximum of two years or both.

Apart from the convictions, you may help save a child's life and protect his or her future by caring and taking a pro-active move to stop the abuse.

What can you do if you suspect that a child is being abused?

• Call TELEDERA at 1-800-88-3040. The lines are open 24-hours a day, and the officer after taking down details of the suspected abuse will inform the Welfare Office for further action. You don't have to give your name; OR
• Alternatively, you can make a police report about the suspected abuse and the police officer will investigate into the matter. Write down briefly details such as bruises you have seen on the child or incidents of violence that you have witnessed, and the address of where the child resides; OR
• Inform your nearest Welfare Officer (Pejabat Kebajikan). You can get the telephone number from Telephone Directory Service (dial 103 on a housephone) or from the telephone directory book.
• Give the Welfare Officer details of the suspected abuse and the address of where the child resides.
• The Welfare Officer is empowered to visit the home and conduct investigation into the suspected abuse. If they reasonably conclude that it is an unsafe environment for the child to be in, they can rescue the child and put him or her temporarily in one of the Children's Home while further investigations prior to a hearing is carried out.
• If the child needs immediate medical attention, the Welfare Officer will bring the child to a government hospital for medical examination. While this is being done, the medical practitioners - or in some hospitals, special multidisciplinary Child Sexual Abuse and Neglect (SCAN) team members - will also collect evidence on the alleged abuse.
• Hospitals can also provide counselling for the child if the child is traumatised by the abuse.
• However, you may also wish to contact a Non-governmental Organisation such as Shelter (03-7781 4885) and Malaysian Association for the Protection of Children (03-2698 9966) for other forms of support services available to the child and other family members who are not offenders, and for further information.

*Name and particulars changed to protect WAO's client's confidentiality.

Prepared by Jaclyn Kee
Women's Aid Organisation - 20 Years of Service to Women and Children

Fortnightly Column by WAO on Sunday Mail (Reprinted with permission from Sunday Mail)