Breaking The Silence: The Need to Reform the Law on the Child’s Sexual Extortion in Malaysia
Nor Alisya Nabila Muhammad,
Mira Ariana Hezri,
Fathihah Humaira’ Khairul Nizam,
Hanis Najiha Hassan,
Aishah Nur Rafidah Zuferdi,
Nurul Izza Shamsul Kamal and
Amelia Masran
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Nor Alisya Nabila Muhammad: Faculty of Law, Universiti Teknologi MARA, Malaysia.
Mira Ariana Hezri: Faculty of Law, Universiti Teknologi MARA, Malaysia.
Fathihah Humaira’ Khairul Nizam: Faculty of Law, Universiti Teknologi MARA, Malaysia.
Hanis Najiha Hassan: Faculty of Law, Universiti Teknologi MARA, Malaysia.
Aishah Nur Rafidah Zuferdi: Faculty of Law, Universiti Teknologi MARA, Malaysia.
Nurul Izza Shamsul Kamal: Faculty of Law, Universiti Teknologi MARA, Malaysia.
Amelia Masran: Faculty of Law, Universiti Teknologi MARA, Malaysia.
International Journal of Research and Innovation in Social Science, 2024, vol. 8, issue 10, 3366-3376
Abstract:
This article explores the rise in sexual extortion against minors in Malaysia, primarily due to their increased reliance on online platforms for socialisation. The rise from 30 incidents in 2022 to 191 incidents in 2023, has made children vulnerable to online predators, indicating the current legal framework lacks specific provisions addressing this issue. The primary issue is Malaysia’s legal framework’s inadequacies in dealing with the specific crime of sexual extortion against children. The Sexual Offences Against Children Act (SOACA) 2017 and the Penal Code, while existing laws, do not specifically address this issue. The method of this research contrasts Malaysia’s legal framework to South Carolina’s Law. The article compares SOACA and the Penal Code of Malaysia to South Carolina’s Gavin’s Law, which focuses on pursuing sexual extortion of children. The study involves a literature review, investigation of legal terminology, systematic research strategy, surveys of parents and practitioners, and study of gaps in Malaysian legislation. The study also draws on empirical data from child rights organisations like ECPAT that shows the prevalence of sexual extortion. The finding shows the current legal framework in Malaysia is insufficient to combat the increase in sexual extortion against children. Such as Section 383 of the Penal Code, make it difficult to prosecute violators successfully. The paper suggest, Malaysia should model its legal framework after South Carolina’s Gavin’s Law, which provides stronger juvenile protection. The recommendations emphasise the need for legislative reforms, better law enforcement, and international cooperation to improve child protection in the digital age.
Date: 2024
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Persistent link: https://EconPapers.repec.org/RePEc:bcp:journl:v:8:y:2024:i:10:p:3366-3376
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