SEXUAL jokes are categorised as obscene acts and violations of dignity, making them a criminal offence under Section 509 of the Penal Code.
Under this provision, offenders can face up to five years in prison, a fine, or both if found guilty.
Utusan Malaysia reported Women, Family and Community Development Minister Datuk Seri Nancy Shukri as saying there is still a perception that sexually inappropriate jokes or remarks are acceptable, even when they involve obscene acts or violate the dignity of victims.
“One of the challenges in addressing sexual harassment is the mindset of some perpetrators who view such actions as harmless jokes.
“However, the reality is that if the victim feels uncomfortable with sexually suggestive comments or behaviour, it can be classified as sexual harassment,” she said.
More than 85% of sexual harassment cases reported annually in Malaysia involve women, including 95 workplace cases or 88% of total incidents affecting women.
In 2021, there were 439 cases involving women, while 422 were reported in 2022 and 460 in 2023.
The police recorded 506 cases in 2021, a slight decrease to 477 in 2022, but numbers rose again to 522 in 2023.
By August 2024, 442 cases were reported, the majority involving female victims.
Nancy said data from the Department of Labour Peninsular Malaysia shows that industries such as manufacturing, construction and other services frequently report sexual harassment cases.
“Sexual harassment can occur in any industry, but changing workplace culture and societal attitudes is essential to tackling this issue effectively,” she told Utusan Malaysia.
The Women, Family and Community Development Ministry introduced the Sexual Harassment Act 2022 [Act 840] as an alternative platform for individuals to file complaints.
“Through the Department of Women’s Development, we have also developed guidelines and are actively implementing advocacy programmes focusing on prevention and awareness,” Nancy said.
She also explained that the Tribunal for Anti-Sexual Harassment was established to simplify the complaint process.
“It provides a platform to grant redress to victims of sexual harassment, regardless of gender.
“It ensures that complaints are processed through transparent, fair, and impartial hearings,” she added.
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