Should sex offenders be monitored?

Should sex offenders be monitored?

Should sex offenders be monitored?

James Nayagam | 2 March 2017

The question before us is – should a sex offender convicted and who had served his sentence overseas be monitored upon return to Malaysia? This question has received mixed responses.

Some felt that he has paid for his crime and that he is a free man. Others felt that taking into account the nature of the offence committed, he should be monitored.

To help us understand the situation, we must ask ourselves as to whether the person is a threat to society. To consider this question we must consider the nature of the offence committed. In this case, it was rape and sexual abuse and the victims being young girls. In fact, it was reported that in one case that he could have sexually abused over 1,000 women. Therefore sexual offences are not to be equated with any other forms of crime. For one, it has to do with causing bodily harm.

We must understand that sex offences/paedophilia is a sickness of the mind and not any ordinary crime. So even after a person has served his sentence, it does not mean he is free of his mental health condition. Therefore, like any form of a contagious disease, preventive measures must be taken to ensure that such a form of crime is contained. This can be done by monitoring the convicted offender.

The monitoring does in fact act as a follow-up for the person to live a normal life and to control his craving to commit a sexual crime. The offence-specific treatment that research has shown to be most effective holds offenders accountable. It is based on the notion that if an offender can be taught to manage successfully his propensity to sexually abuse, he becomes less of a risk to past and potential victims.

Sex offenders must be monitored intensively during community supervision in order to evaluate their level of commitment to and compliance with all imposed special conditions. This supervision typically should include:

  • Ensuring that the offender is actively engaged in and consistently attending an approved community-based treatment programme;
  • Verifying the suitability of the offender’s residence and place of employment;
  • Monitoring the offender’s activities by conducting frequent, unannounced field visits at the offender’s home, at his place of employment, and during his leisure time (eg, is he engaging in inappropriate, high-risk behavior such as collecting items that depict or are attractive to children?); and
  • Helping the offender to develop a community support system – including friends, family members, and employers who are aware of the offender’s criminal history, are supportive of the community supervision plan, and can recognise the sex offender’s risk factors.
    As such any convicted sex offender regardless if they are convicted in the country or overseas must be monitored for the benefit of himself and the possible future victims.

 


James Nayagam is the chairperson of Suriana Welfare Society Malaysia.

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Issues when fighting child sexual abuse

James Nayagam | 2 March 2017

Though the phrase ‘Fight Child Sexual Abuse’ sounds positive, yet one must realise the realities and challenges surrounding the effort. Otherwise, we may have the thought but meaningless and ineffective strategies to deal with the issues.

I am writing this as a child’s rights activist for over 35 years, having dealt with the issues relating to child sexual abuse. I have realised that whilst there may be good ideas and proposals, yet the issues have been lacked commitment, implementation, follow-up and change in our present system.

One must bear in mind that in Malaysia it takes about more than five years before a case of child sexual abuse is reported. During which time young girls are subjected to severe forms of sexual abuse and remain silent, unable to tell anyone about the abuse. Despite having education programmes in schools and other forms of services, yet in terms of effectiveness, nothing much has changed.

Suriana Welfare Society did a survey of the issues that affect child sexual abuse. When dealing with the issue of rape, we realise that a child had to face much trauma due to lengthy court proceedings, coupled with postponements that could go on for years before the court reaches a decision. By which time the child has forgotten the details of the rape.

Yet during this period, it’s the child who loses her freedom in that she is kept in a protection centre and the offender is still on the loose.

In some cases, the rapist may be allowed to marry the victim. Then again what choice has she when prematurely she loses her childhood and becomes a wife of an adult who raped her. Society seems to be ignorant to as whether she is ready for child-bearing and parenthood, and disregards the psychological damage that may impact her permanently.

In some states in Malaysia, incidences of incest appear prevalent but due to the standard of proof required, the cases are never reported and the situation continues to be a topic of discussion at every child-related seminar.

Richard Huckle’s case is an example of the weakness in our legal system. It was reported that he had sexually abused over 200 young children, the youngest being a six-month-old baby. Although could have been charged in Malaysia, but as to whether he would have been convicted is uncertain as there are no laws to punish effectively a paedophile on charges of with child pornography.

It simply shows that our system is outdated and change may take some time from the commencement of drafting new laws to discussions and to the implementation. One example being the Child Act, where it has taken almost 10 years for the amendments to be brought to Parliament.

Reservations over Sex Offenders Register

After the amendments to the Child Act, yet there is much debate over the Sex Offenders Register. Various agencies have declared their reservations over the use of the register. Some of the reasons being that there is already an existing police record of offenders and that such a register is a breach of one’s privacy.

Yet even with the register, only a few offenders are registered as in many cases, especially offences relating to fondling, pornography and other forms of sexual abuse are never brought to court due to weak investigation into the cases, and thus the prosecution is unable to proceed with the cases to be heard in court.

Experts tell me that an estimated 750,000 of cases of child abuse occur each year in Malaysia and a ratio that out of every 10 children, one is a victim of abuse. I cannot imagine the statistics for sexual abuse which takes place behind walls and in most cases, 80 percent of the abusers are known to the child.

With the issues mentioned above I would like to see one day an effective system to deal with the issue of child sexual abuse. Not just to spicy juicy talk and proposals but real commitment, action, implementation and follow-up.

We speak on behalf of babies, young children and young girls who at this very moment are being abused and their cries for help go unheard and justice is not seen done.


James Nayagam is the chairperson of Suriana Welfare Society Malaysia.

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AJ thought telling his mother he was gay was difficult, until he had to break the news of something even more life-changing.

Director: He Shuming
Executive Producer: Boo Junfeng
Production Company: Two Chiefs Films
Producers: Su-Mae Khoo, Brian McDairmant
Director of Photography: Brian McDairmant
Sound: Su-Mae Khoo
Editor: Brian McDairmant

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With Thanks to:
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Award-winning M’sian film ‘Absent Without Leave’ to be free online

Award-winning M’sian film ‘Absent Without Leave’ to be free online

Award-winning M'sian film to be free online, following ban

Documentary Film | Feb 27, 2017

Award-winning Malaysian documentary ‘Absent Without Leave’ will be released online, since it has been was banned from local theatres.

The documentary chronicles director Lau Kek Huat’s efforts in tracing his family history, including his father’s role in the communist insurgency.

“It’s still forbidden to screen the film in Malaysian cinemas.

“So we decided to make the film available for free on the Internet – only for Malaysian audience – in the week of Feb 28 to March 5,” production house Hummingbird Pictures said on its Facebook page.

The film premiered at the Busan Film Festival in 2015 and won the Audience Choice Award at the Singapore International Film Festival.

“Intensely heartfelt without being overly sentimental, ‘Absent Without Leave’, navigates the murky waters of Malayan history that appears far removed from the present,” a synopsis on the Singapore International Film Festival website reads.

Screenshot of ‘Absent Without Leave’ Official Trailer

In Singapore, it is rated “NC16 – mature content” for audiences aged 16 and above.

Sitiawan-born and Taiwanese-trained Lau had previously won the Best Short Film and Best Director Award at the Taiwan Golden Harvest Festival.

Other films dealing with the communist insurgency, such as ‘The Last Communist’ and ‘The New Village’, have also been barred from being screened in Malaysian cinemas.

‘The Last Communist’, by filmmaker Amir Muhammad, is also available online.

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