Guidance

Malaysia: information for survivors of rape and sexual assault

Updated 5 September 2023

Introduction

If you have been sexually assaulted, it is important to remember that it was not your fault. Rape and sexual assault are always wrong – no matter who commits it or where it happens. It is traumatic and it can affect you both physically and emotionally. Do not be afraid to get help.

This information is provided to help British nationals overseas make informed decisions about whether and how to:

• seek medical advice and attention
• report to the local police
• engage with foreign legal authorities following a rape or other forms of sexual assault overseas

For information on support available in the UK, see Rape and Sexual Assault: Returning to the UK.

First steps

It is your choice about what you do next, but this information may help you in coming to a decision. The most important thing is to make sure that you are as safe as you can be. You can:

• contact the international emergency number on 999;
• contact your tour operator if you are travelling with one; or
• contact the British High Commission in Malaysia at +603 2170 2200. This number is available 24/7. The High Commission staff will be empathetic, non-judgmental, and can provide information on local police and medical procedures. Anything you tell them will be treated in the strictest confidence. They can contact your family or friends for you if you wish.

If you want to report the incident to the police in Malaysia

If you have a tour operator, they should be able to arrange for someone to support you. If you are in an area where there is a British High Commission, they will try to send a consular officer to support you, where timing and location allow. You will always be able to speak to trained consular staff on the telephone 24/7.

If you approach the police directly, you can also ask them to inform the nearest British High Commission +603 2170 2200 and they can offer you consular support.

You may go to any police station in the country to lodge a report.

If you choose to report the crime, try to do so as soon as possible, so that forensic evidence can be retained. Washing yourself or your clothes may make it difficult for the police to obtain forensic evidence. If you change your clothes, think about taking those you were wearing to the police. It is best for you to preserve evidence by retaining items such as condoms, toothbrushes, or text messages.

Tell the police if you think you have been drugged.

You can give the report in English, and even type the report out yourself if you are comfortable doing so.

Insist you get a copy of your police report.

Rape under the Malaysian law is defined as sexual intercourse with a woman against her will or without her consent. Sexual intercourse with a woman is also rape when her consent is obtained by putting her in fear; by using a position of authority or relationship of trust; when she is unable to understand the nature of what she is consenting to; or she is under 16 years of age.

Malaysian law does not specifically define sexual assault. However, there are various laws that cover different forms of sexual assault or use of criminal force on a person or use of criminal force on a person with the intent to outrage the modesty of that person.

In Malaysia, rape is a gender-centric offence, which means, in law, only a woman can be said to have been raped. However, sexual assault against a man too is an offence, albeit carrying a generally lesser penalty in law.

Usually, when the report is given in English, the officer assigned to investigate the matter would be English-speaking.

After lodging the report, and after an Investigating Officer is assigned to investigate the complaint, the Officer will interview the victim and ask for explicit details of the incident, and a medical examination will be done on the victim in a hospital by a Medical Officer.

It is important to tell the truth to your Investigating Officer and Medical Officer as the information you give will form crucial evidence in prosecuting the assailant.

If you happen to have told any other person about the incident before lodging a report or giving a statement to the police, please inform the police of the same when giving your statement, including the details of the people whom you have shared your experience with, so that the police can trace and obtain a statement from these witnesses. These witnesses may be asked to testify in Court to corroborate your claim and may prove to be pertinent in proving the case against the accused.

The Consular Officer will accompany you to the police station and/or to the hospital if there is a need for support.

Thereafter, once the assailant is arrested and charged, the victim will have to give evidence in Court as per the statement given earlier to the Investigating Officer.

You will not automatically be assigned a lawyer. You may wish to appoint one. A list of English-speaking lawyers is available online.

If you do not want to report the incident to the police in Malaysia

The British High Commission will be able to help you. This includes helping you to contact your insurance company, your family, making arrangements to travel back to the UK and/or provide you with information on local support in the UK.

They can provide you with lists of English-speaking medical facilities, lawyers and translators.

If you are travelling with one, you can also report the incident to your tour operator and ask them for assistance. If you wish, the tour operator may accompany you to the local hospital. If you wish, and depending on location and timing, a member of consular staff may be able to accompany you.

It is your choice as to whether to report the crime. You have to report the crime in the country where it occurred for it to be investigated.

If you do not report the crime, you will still be able to access medical attention from the local hospital. There will be a minimal fee for this.

If you want to report the incident to the police in the UK

The support available to you, and your access to justice may vary according to where you report the crime. In many countries, you need to report the crime before you leave the country, if you want it to be investigated and for the police to obtain important evidence.

If you are staying in the country where the crime took place, you should report the crime in that country. If you are a British national and you need help to report the crime, you can contact the nearest British embassy, high commission or consulate, or the Foreign, Commonwealth & Development Office in London.

If you do not report the crime in the country where it happened and you return to the UK, you can still report the matter to your local UK police.

The UK police should send the information you provide to the country where the crime happened. However, it is for the foreign police forces to decide whether to investigate a crime in their jurisdiction and they may not take action.

You can report the crime to the UK police even if you are not seeking an investigation abroad. The UK police can offer you access to victim support in the UK. They may still send some details of the crime to the police in the country where it happened. This might be necessary to protect vulnerable people, or to stop more crimes being committed

Reporting the crime in Malaysia: what happens next?

If you choose to report the crime, try to do so as soon as possible, so that forensic evidence can be retained. Washing yourself or your clothes may make it difficult for the police to obtain forensic evidence. The police will take you to the local hospital for a forensic examination.

If you change your clothes, think about taking those you were wearing to the police. It is best that you preserve evidence by retaining items such as condoms, toothbrushes, or texts and social media messages.

Tell the police if you think you have been drugged.

You will need to make a statement about the incident, including a description of the assailant.

You can give your report in English, and insist on your copy.

The Royal Malaysian Police will formally inform the British High Commission of the crime. However this can take weeks, so if you require immediate support you should contact the British High Commission Commission as soon as possible.

Medical examination: what to expect

It is important to go as soon as possible to the ‘One Stop Crisis Centre’ (OSCC) which is located at the emergency room of government and state hospitals in the area where the incident happened. If the police are involved they, will take you there.

At the OSCC, you can receive treatment, contraceptives, screening for STIs, have medical evidence collected and receive psychiatric counselling. If the police have not been involved and you want them to be, please mention this to the team and they will guide you further. This may include the police attending at the hospital.

In respect of the physical examinations, this could involve a number of different doctors and it is possible to request a female doctor. However, this is not always possible depending on the size of the hospital. The examinations can take some time to arrange as this will depend on the doctors’ availability.

If you are over 18 years old of age and do not wish to make a police report, you will be counselled and advised to make a report. If you choose not to do so, the doctor shall do a physical examination, treat injuries and check for STI’s.

Consular staff or anyone you choose can accompany you to the hospital.

Treatment

If it is possible that you may have been exposed to the HIV virus, you should go to a hospital urgently to obtain “Post-Exposure Prophylaxis (PEP)”, a treatment that may stop HIV replicating in the body and prevents the virus from attacking the immune system (Treatment Post Exposition - TPE). This can be prescribed at any hospital. More information on risks is available on the NHS website.

HIV PEP medication needs to be taken within 72 hours of the incident for it to be effective. The NHS may be able to commence or continue the 28-day treatment on return to the UK.

Emergency contraception can be prescribed at the hospital. Emergency contraception can also be purchased at most pharmacies.

Most emergency contraception need to be taken within 72 hours of the incident for it to be effective – depending on the brand.

If the crime is reported to the police, all treatment is free. If the crime is not reported, there is a minimal fee.

If you have had medication administered overseas, you may wish to keep the label or make a note of the name of the medication, so that you let your local health provider know when you return home.

Police investigations in Malaysia: what to expect

The Investigating Officer will open an investigation paper based on the police report you have lodged. The Investigating Officer may interview witnesses, suspects and may also ask you to give a further statement at the police station.

The victim’s statement will be taken by the Investigating Officer, and this is then presented to the Attorney-General’s Chambers as part of the investigation papers. Lawyers at this point are not allowed to interfere with the police investigation but are allowed to obtain updates in relation to the status of the investigation

Once all the evidence and statements have been obtained, the Investigating Officer will present the investigation papers to the Attorney-General’s Chambers to determine whether the assailant should be charged, and if so, under which provision of the law.

If the police proceed to arrest the assailant, if he is Malaysian, he will be brought within 24 hours before a Magistrate. If the assailant is a foreign national, the assailant can be held for up to 14 days by the police, depending on the circumstances of the case.

The victim is allowed to leave the country after statements are given. However, the victim is encouraged to stay in the country where possible in case further statements are needed. not being in the country will most likely slow down the proceedings in the case.

If the victim has a lawyer, and if the victim chooses to leave the country before a statement is given to the police, arrangements can be made between the lawyer and the police to have the victim give a statement via digital means, or by way of a Statutory Declaration sworn before a Notary Public or Commissioner for Oaths (depending on where you are in the world) or by way of Mutual Legal Assistance between the authorities of both countries.

Court procedures: what to expect

Victims may ask for a report of the status of the investigation directly from the investigating officer. There may however be a language barrier or problem with different time zones. Engaging a lawyer will help the victim gain a better grasp in the investigation process and a lawyer would be able to advise and explain to the victim at each stage of the proceedings. The victim may hire a lawyer to hold a “Watching Brief” for the subsequent trial to protect the interest of the victim ensuring that the trial is conducted fairly.

Depending on the circumstances of the case, there may be instances where an additional statement is needed from the victim.

While it is not mandatory for the victim to testify in court unless a subpoena has been issued, the common practice is that the victim testifies in court as the first witness. This is because without the victim’s participation in the trial, it would be almost impossible for the case to be proven against the assailant.

In Malaysia, it may take some time for the trial to begin, and when it does, the trial could and usually would take place over several different dates.

It is possible for the victim to withdraw the complaint by lodging another police report, but the decision to charge the assailant, or to continue proceedings is a discretion of the prosecution.

Courts can make an order against the convicted assailant for the payment of compensation to the victim in respect of any injury to the victim’s person or character, or loss of the victim’s income, or property resulting from the offence.

When giving your statement to the police, and when testifying in Court, you may state the impact of the incident on you, your family, or your property, as this will be considered by the Court before sentencing the accused and before ordering a compensation.

There is currently no state-funded compensation scheme in Malaysia.

Withdrawing a complaint does not necessarily mean that the victim has made an initial false report. As such, there would not be any automatic legal repercussion against the victim. However, if the victim has given a statement to the police in relation to the rape/sexual assault incident, it is an offence to later give a different statement. To withdraw a complaint, the victim should only state that he/she wishes not to pursue the matter further.

Withdrawing a complaint does not mean that the victim would be excused from giving evidence in Court, as usually they would still be asked to testify as to the reasons why the police report was withdrawn.

When you return home to the UK

You may want to let your GP or a Sexual Assault Referral Centre (SARC) know what has happened to you so that you can talk about the experience and seek further support and advice.

England

NHS Choices website, or search the internet for ‘NHS SARC’

Scotland

Archway SARC: Phone: 0141 211 8175

Wales

New Pathways SARC: Phone: 01685 379 310

Ynys Saff Sexual Assault Referral Centre - Cardiff and Vale University Health Board

Northern Ireland

Rowan SARC, Northern Ireland: Phone: 0800 389 4424

If you believe you may be at risk of having contracted a sexually-transmitted infection (STI), you should ask your local health provider to test you, even if you have been tested in the country where the assault took place in.

Read our advice on returning to the UK after rape and sexual assault abroad.

Support organisations in Malaysia

It is your choice to let people know. If you are ready to talk about it the following organisations may be able to help you:

Women’s Aid Organisation (WAO)

• provides advice, explore your options, schedule a face-to-face consultation if needed, shelter and crisis support
• WAO Hotline: +603 3000 8858 available 24 hours a day SMS/WhatsApp TINA: +6018 988 8058 (24hrs)
• email: [email protected]

All Women’s Action Society (AWAM)

• provides face to face counselling to all genders and legal aid information
• Telenita Helpline +60162374221
• AWAM phone: +603 7877 4221, Mon to Fri: 9.30am to 5.30pm
• email: [email protected]

Disclaimer

This information has been prepared by HMG officials who are not legally or medically trained. It should therefore never be used as a substitute for professional medical or legal advice. It is intended to help British nationals overseas make their own informed decisions. Neither HMG nor any official of the Consulate accept liability for any loss or damage which you might suffer as a result of relying on the information supplied.

Medical information has been provided by The Havens Sexual Assault Referral Centres of Kings College Hospital NHS Foundation Trust and was accurate at the time of production (02/02/2022).