For a crime as common as sexual harassment, you would think we had proper laws in Malaysia to protect those who have been affected by it. 

Unfortunately, we don’t. At least not yet. 

Originally scheduled to be tabled in March, the Sexual Harassment Bill has been caught in the drafting process for 20 years. Now, due to the government shift and COVID-19, the long-awaited procedure was again postponed to November. 

This decision sparked outrage in many, especially since sexual harassment has become an increasingly widespread issue. Just look at the revolting V2K Telegram group, and the fact that 13 new cases of sexual harassment have been reported over the span of two weeks. That’s nearly one case per day. 

It’s safe to say, then, that a forum about sexual harassment couldn’t have come at a better time. Hosted by Taylor’s Speaker’s Corner on the night of 16 October, “I Know U Wannit” was held in collaboration with the All Women’s Action Society Malaysia (AWAM) and Taylor’s Girl Up. 

With notable panelists such as Nisha Sabanayagam from AWAM, Ireeny Muzammel from Sisters In Islam (SIS) and activist lawyer Asheeq Ali, participants gained valuable insight about sexual harassment in Malaysia—where we are now, and how we can move forward. 

Despite what Robin Thicke and Pharell Williams claimed in their song “Blurred Lines”, girls don’t always ‘want it’. Nisha Sabanayagam says that when it comes to sexual harassment, the lines aren’t blurry at all. 

“Sexual harassment is any unwanted sexual act that makes the receiver feel harassed, offended, threatened and disturbed. It can take any form—physical, psychological, verbal or visual.” And yes, that includes online harassment, such as lewd comments and unwanted explicit content. 

People often think that sexual harassment is born of lust or personal desire. But all three speakers agreed that this is simply not true. “Sexual harassment is, to me, a manifestation of power relations,” said Ireeny Muzammel. Ms Nisha also pointed to the patriarchal system as a major contributor to this sexual crime. 

“There is an undeniable gender imbalance in Malaysia. It gives men a lot of power and privilege over women,” she said. “This is why male perpetrators believe they can sexually harass someone with impunity.” 

Another notion we have to discard is that sexual harassment only affects women. “A lot of men don’t report their harassment because they feel burdened with shame—shame from society and shame that it happened to them,” Ms Nisha explained. In fact, males were found to be sexually harassed more than their female counterparts in the sports industry. 

“Sexual harassment isn’t a gender-based issue, it’s a social problem,” Asheeq Ali asserted. “It’s about not taking someone’s dignity seriously.” 

Yet for a crime so blatantly wrong, it looks like we’re still playing the blame game. And the survivors are always losing. 

“Victim blaming is the biggest issue,” said Mr Asheeq. “When sexual harassment happens, we blame the survivor instead of actually solving the problem, because it's easier that way.” 

Source: AWAM Malaysia, Facebook. 

“People are often concerned about ruining the perpetrator’s life by charging them for sexual harassment,” Ms Nisha added. “But what about the survivor’s life? They have to live with the emotional impacts of their harassment for years, maybe even their whole life.” 

There is little worse than being blamed for your own harassment. But as if that weren’t enough, survivors also have another burden that they shouldn’t need to bear: The traumatizing process of reporting their harassment. 

Though making a police report is highly encouraged for all survivors, Ms Nisha explained why many choose not to. “There is a really high burden of proof, not to mention that going to court is harrowing for survivors. Many of them don’t even understand the legal process.” 

But most disheartening of all is the fact that many survivors have been let down by law enforcement. “There was an incident of a girl who had been sexually harassed,” Ms Nisha recalled. “She had video evidence on her phone, witnesses, even—yet the police urged her to drop the case, because they didn’t want to see the whole process through.” 

The hashtag is used by AWAM in campaigning for the Sexual Harassment Bill. An appropriate one, because the current laws are indeed disappointing survivors. 

Take for example, the Penal Code. Its provisions allow for harassers to be punished with a mere fine. This is especially dangerous for survivors. If perpetrators are allowed to stay at their workplaces, who’s to stop them from causing further harm? 

Mr Asheeq points to another major area of concern: Lack of definition. “Sometimes, survivors who make a report might even be asked by the police: ‘Eh, ini pun sexual harassment ke?’ (Is this even considered sexual harassment?)” 

But that’s not all. Current legislation demands an unreasonable amount proof in order to file a sexual harassment case. Considering that the crime usually takes place in private, where there are little to no witnesses, you can see why this is a huge flaw. Besides that, the open nature of criminal procedures may cause the survivor to feel uncomfortable. 

Having said that, the Sexual Harassment Bill aims to break these barriers that are preventing survivors from seeking redress. 

“The Sexual Harassment Bill is different because it considers the perspective of the survivors. It improves the definition of sexual harassment and reduces the burden of proof,” explained Ms Nisha, who has been working on the Bill for the past two decades. “It would cover harassment in public areas, including online spaces. 

“The Bill would ensure that public and private sectors take proactive measures in combating sexual harassment,” she continued. “In simpler terms, all companies will need to have a working sexual harassment policy in place. Or else, their employees can lodge a complaint to the tribunal.” 

According to Ms Nisha, removing the fear of making a police report is also another key feature of the Bill. “Survivors can directly report to the tribunal, which will be chaired by different experts on sexual crimes. This will ensure confidentiality of both the survivor and perpetrator, because their identities will not be disclosed. 

“The point is to make it easier and less costly for survivors to access justice. And it works as a great preventive tool,” she added. “If survivors can make reports easily, would-be perpetrators would definitely think twice before harassing someone.” 

If you’ve made it this far into the article, you’re probably convinced that sexual harassment is bad, and we need to stop it. The question is, how? 

“It’s easy to condemn strangers who commit sexual harassment, but not so when our peers who do it,” said Ms Ireeny. “The first step we can all take is to speak up when our friends do something wrong.” 

“One of the biggest problems in solving criminal cases is the lack of witnesses,” Mr Asheeq admitted. “If the witnesses keep quiet, perpetrators can just get away with the crime.” 

Even if we’re not witnesses of sexual harassment, there are many other ways we can support survivors. “The most important thing a survivor needs is a person to lean on, to hold their hand through the process of reporting,” Mr Asheeq affirmed. “That is the least we all can do, as a peer.” 

As for us students, we can educate ourselves on the sexual harassment policies in our universities. (Taylorians, you can find that in the student handbook!) You could even use your voice and position to push for better, more inclusive policies. 

There is no denying that the Sexual Harassment Bill has waited long enough, and we can make sure it doesn’t wait any longer. “Write to your Members of Parliament,” Ms Nisha advised. “Drop them a message on Facebook and tell them to push for the Sexual Harassment Bill.” 

But if that’s too difficult, you can always sign AWAM’s petition, or share their social media posts to raise awareness. (Other pages like @womensaidorg and @theloudasians are great too!) Better still, you can start conversations about it with your friends and family. You can also donate to AWAM’s Sexual Harassment Awareness Redress & Prevention (SHARP) Program Campaign here to allow them to provide free trainings for the communities who can’t afford them but need them the most. 

Let’s break the silence around sexual harassment. We knoe the survivors would wannit.