PETALING JAYA: Stalking has led to many deaths and assaults, with the gender-based crime disproportionately affecting women and girls, say social activists.
As such, they urged the government to speed up on its commitment to criminalise stalking without any further delay.
They were referring to Deputy Minister in the Prime Minister’s Department (Parliament and Law) Datuk Mas Ermieyati Samsudin’s announcement on Nov 3 that the policy paper and proposed amendments to the law to criminalise stalking were expected to be brought to Cabinet next month.
According to the activists, victims of stalking are presently not protected by the criminal justice system when their stalker repeatedly contacts, follows or shows up in an alarming or intimidating way at places they frequent.
Human rights lawyer Honey Tan said having no legislation to criminalise stalking would send the message that stalking was not serious and stalkers would prey on their victims with impunity.
She said stalking disproportionately affected women and girls, and that an anti-stalking law was long overdue.
She added that many had suffered and continued to suffer from stalking.
“The ‘traditional’ forms of stalking include lurking around a person or the person’s home and workplace, sending unwanted messages, repeated phone calls or calling and hanging up,” said Tan.
“Contemporary forms of stalking occur on the Internet and digital space, and they are even more insidious.
“Complaining to telecommunication service providers or even the Malaysian Communications and Multimedia Commission (MCMC) is of little use as the stalker can just sign up with another account and stalk again.
“Tracking devices are also commonly available. It can be in your mobile phone, laptop and vehicles,” she said.
She added that the government must also provide protection and compensation for survivors.
Tan highlighted that S426(1A) of the Criminal Procedure Code empowered the Deputy Public Prosecutor to ask the court to order the convicted person to pay compensation to the victim.
She said this could be for any injury to victim’s body or character, and loss of income or property.
In the anti-stalking law that she hoped would be introduced soon, she said there should be provisions for restraining orders to protect victims, alongside mandatory therapy sessions for perpetrators.“While perpetrators need to be punished, it must be coupled with some form of rehabilitation, otherwise it is feared the recidivism rate will be high.
“I do not agree with whipping. It is far more effective to impose mandatory therapy sessions so that the perpetrators recognise the harm that they have inflicted, and how to change their behaviour.
“These sessions must be available even if no jail sentence is imposed,” Tan said.
“The Health Ministry must be roped in to assist with this key component of dealing with perpetrators,” she added.
Kasthuri Patto, an advocate for the anti-stalking legislation, said, “I hope for it to be tabled in this sitting after the Budget 2022 debates.”
“It is also very important for the government to consult MPs from both sides and civil societies on the amendments before tabling them in Parliament.
“This is so that we can ensure that once they are tabled, the right amendments can be passed and there is no further need to go back and forth for corrections.
“It will also help us to have a good Bill,” added the Batu Kawan MP.
Last year, a young girl in the Batu Kawan constituency took her own life after being a victim of harassment, cyberbullying, hate speech and stalking.
Besides having the anti-stalking law, Kasthuri said it was important for the government to implement a support system and clear chain of procedures for victims, right from the moment they lodge a police report until their case is in court.
“Authorities involved, such as the police and lawyers, must also be given proper training on the execution of law,” she said.
“The support in Parliament for the anti-stalking law must be bipartisan and given by both sides, and even Independent MPs,” she added.
Recently, Mas Ermieyati said efforts to make stalking a crime began in 2019 when an anti-stalking committee was established.
She said that in early 2020, the draft amendments to the law (amendments to the Penal Code and the Criminal Procedure Code) had been prepared by the committee, led by the legal affairs division with the involvement of other government agencies and non-governmental organisations.
The policy paper together with amendments of the law are expected to be tabled to the Cabinet this December and the amendments will be tabled in Parliament after obtaining the approval from the Cabinet, said Mas Ermieyati.