Child sexual abuse is defined as sexual activity with a child by an adult, adolescent, or older child. People who engage in child sexual abuse are called sexual offenders. According to a study with 55,000 children in Nebraska, a child with any type of intellectual disability was four times more likely to be sexually abused than a child without disabilities. To sexual offenders, special needs children are more vulnerable than neurotypical children and are more easily targeted.
Today we will introduce you to the types of child sexual abuse according to Malaysia’s law, why special needs children are at high risk for sexual abuse, preventions, and ways to deal if sexual abuse or harassment happens in special needs children.
Types Of Child Sexual Abuse According To Malaysia’s Law
- Molestation (assault or use of criminal force on a person with the intent to outrage her modesty)
- Assault or use of criminal force with intent to dishonour a person, otherwise than on grave provocation
- Exploiting any person for purposes of prostitution.
- Rape is sexual intercourse with a woman who is not his wife and without her consent. Statutory rape is sexual intercourse with a girl under 16 years of age with or without her consent.
- Gang rape.
- Statutory rape without a girl’s (below 16 years of age) consent and sexual intercourse with a girl below 12 years of age with or without her consent.
- Incest (sexual intercourse with someone whom that person is not allowed to marry, whether under the law, religion, custom or usage).
- Sodomy (Carnal intercourse against the order of nature, which is the sexual connection with another person by introduction of the penis into the anus or mouth of the other person)
- Committing carnal intercourse against the order of nature without consent or putting the other person in fear of death or harm to the other person or any other person.
- Sexual connection by the introduction of any object into the vagina or anus of another person without consent.
- Outrages on decency.
- Inciting a child under 14 years to an act of gross indecency.
- Word or gesture intended to insult the modesty of any person.
The Sexual Offences Against Children Act In Malaysia
- Making, producing, directing the making or production of child pornography.
- Preparing to make, produce or direct the making or production of child pornography
- Using a child in making, producing, and directing the making or production of child pornography.
- Exchanging and publishing child pornography.
- Selling child pornography to a child.
- Accessing child pornography.
- Sexually communicating with a child (except for education, scientific/medical purposes)
- Child grooming.
- Meeting following child grooming.
- Physical sexual assault on a child.
- Non-physical sexual assault on a child exhibits the child’s body to be seen by others for sexual purposes.
- If a person in a relationship of trust commits any offence under this Act, the punishment is more severe. Persons in relationship of trust include: a) parent/guardian/relative b) babysitter c) teacher/lecturer/warden d) healthcare providers e) coach f) public servant
- Failure to give information – Any person who fails to provide information about any child sexual abuse case to the police commits an offence.
Why Special Needs Children Are At Such A High Risk For Sexual Abuse?
A study in 1997 listed the selection characteristics that may be the “prey” of predatory rapists. He classified the selection characteristics into one of four broad categories:
1. Victims’ Attributes
2. “Easy Prey”
Special needs children who struggle with social interactions and expressing emotions may be vulnerable victims.
3. Situational Characteristics
Special needs children who their parents or guardian rejects may give the opportunity to those predatory rapists to carry out sexual crimes.
4. Circumstance Or Manipulation
Special needs children who have physical disabilities and intellectual disabilities may become prone to be the victim of violence or intimidation before the sexual assault).
How To Prevent Sexual Abuse
1. Talk About Sexuality to special needs children.
- Teach children the accurate names of private body parts.
- Avoid focusing exclusively on “the stranger is dangerous.” Keep in mind that most children are abused by someone they know and trust.
- Teach children about body safety and the difference between “okay” and “not okay” touches.
- Let children know they have the right to decide about their bodies. Empower them to say “no” when they do not want to be touched, even in non-sexual ways (e.g., politely refusing hugs) and to say “no” to touching others.
- Ensure children know that adults and older children never need help with their private body parts (e.g., bathing or going to the bathroom).
- Teach children to take care of their private parts (i.e., bathing, wiping after bathroom use), so they don’t have to rely on adults or older children for help.
- Educate children about the difference between good secrets (like surprise parties—which are okay because they are not kept secret for long) and bad secrets (those that the child is supposed to stay secret forever, which is not okay).
- The parent should trust their instincts! Don’t do it if they feel uneasy about leaving a child with someone.
2. Teaching children to interpret the emotions of others may help them to identify safe from unsafe individuals.
- Teach them to express their feelings of anger or rejection when sexual offenders try to harass or abuse them sexually.
- Perception of emotion: Cooperate with doctors and therapists to engage in emotion perception training.
- Responding to emotion: Learn to identify verbal sexual harassment
- understanding emotion
How To Tackle When You Suspect Sexual Abuse Has Happened To Special Needs Children?
Victims of sexual assault, abuse and harassment often prefer to keep their victimisation hidden, fearing blame. But if special needs children are victims, this is a danger to yourself and others, who may become the next victims of the sexual harasser and abuser. Here are some things you can do to break the wall of silence and start the healing:
Recognise Misattributed Or Missed Behavioural Signs Of Sexual Abuse In Special Needs Children.
- An increase in nightmares and/or other sleeping difficulties
- Angry outbursts
- Anxiety
- Depression
- Difficulty walking or sitting
- Withdrawn behaviour
- Pregnancy or the contraction of venereal disease, particularly if under age 14
- Propensity to run away
- Refusal to change for gym or to participate in physical activities
- Regressive behaviours depending on their age (e.g., return to thumb-sucking or bed-wetting)
- Reluctance to be left alone with a particular person or people
- Sexual knowledge, language, and/or behaviours that are unusual and inappropriate for their age
Seeking Help
Three agencies are primarily involved in child protection procedures: the police departments, government hospitals, and Social Welfare Department. Suspected cases can be reported to these agencies by anyone, regardless of age, gender, religion, or profession.
Procedure In Police Departments
- Anyone who may relate to the incident can orally report or write the report in English or Bahasa Malaysia at any police station.
- The report needs to be signed and officially registered as a police report.
- When making the report, these documents need to be brought along:
- For the child: identity card and birth certificate
- For the parent/guardian: Identity card and birth certificate
- Any other case-related documents (e.g. receipts of hotels, purchases etc.)
- The police will interview in the investigating officer’s room, a child-friendly environment, to reduce trauma and put the child at ease to answer the questions.
- The interview duration depends on the case’s status and the child’s ability to answer the questions.
- The victim will be called in to identify the perpetrator.
- Once the case has been wholly investigated, it is referred to the Deputy Public Prosecutor. Based on the case and a recommendation from the Police, the Deputy Public Prosecutor then decides whether to charge the suspect or not.
Procedure In The Government Hospital
- Any person who suspects the child is undergoing child abuse can report it to the nearest government hospital.
- The assessment and diagnosis of child sexual abuse will be carried out in a government hospital.
- Child abuse cases will be attended to by A&E (Accident & Emergency) unit or the OSCC (One-Stop Crisis Centre) and the SCAN (Suspected Child Abuse and Neglect) team, if available at your local hospital.
- It provides a legal context that can help you make further relevant recommendations that are in the best interest of the abused child.
- It will be helpful to bring along the following documents:
- A copy of the Police report (if a Police report has been made)
- For the child: Identity card and/or birth certificate
- For the parent/guardian: Identity card and/or birth certificate
- The members of the SCAN team will also carry out the following:
- Providing medical treatment or referring to specific specialists for evaluation and treatment, depending on the needs of the individual child and family
- Reporting to the District Welfare Department and liaising with the Welfare Department to ensure the child’s safety
- Providing medical reports as requested by the Police personnel investigating the case
- Providing follow-up medical and psychological treatment or counselling services as required
Procedure In The Social Welfare Department
- When the department receives a report of a child sexual abuse case or a suspected case, the Social Welfare Officer will gather information about the abuse. This will include details such as:
- The child’s name as stated in the birth certificate or identification card and the child’s current home address
- The offender’s name and relationship with the child
- Names of the child’s parents/guardian and their I.C. numbers
- Once the level of abuse has been established, the Social Welfare Officer will then take appropriate action depending on the severity of the abuse or the suspected abuse.
Conclusion
As the sexual predation of special needs children has become increasingly prominent, there are calls to provide them with special training to minimise the risk in the future.
However, no matter what role you are in, whether being the guardian or therapist of special needs children or the victims of sexual abuse, you should never feel alone. Great support and advice are available if you suspect the children undergo any form of child sexual abuse through the Dawn Bridge.
References:
1.https://www.wccpenang.org/child-sexual-abuse-laws-in-malaysia/
2.https://dsq-sds.org/article/view/1058/1228
3.https://www.psthechildren.org.my/reportingtopolice.html
4.https://www.psychologytoday.com/us/blog/inside-the-criminal-mind/201712/the-thinking-processes-sexual-predators