By Siti Nur Sofea Mohd Robi
Introduction
Schools are meant to be safe environments where every individual can learn, teach, and grow. They serve as a second home for children to shape their character and influence how they perceive the world. Unfortunately, in Malaysia, the rising number of sexual assault cases among students has been reported and prosecuted under Malaysian criminal law, raising public concern about the effectiveness of existing child protection laws.
Sexual assault refers to an act that occurs without the victim’s consent, involves the use or threat of force, and includes actual or attempted penetration of the victim’s vagina, mouth, or rectum. It also covers coercive behaviors such as kissing, fondling, and molestation, as well as rape or attempted rape. Sexual assault can happen anytime, to anyone, and anywhereincluding in schools where minors are often the victims. This article will primarily focus on sexual assault that happens in schools and several current existing laws in Malaysia that address and protect children from such offenses.
Understanding Sexual Assault in the Context of School
In school setting, sexual assault can occur between students or it may involve teachers, staff or outsiders. Sexual assault involves any act of a sexual nature done without consent or with someone who cannot legally consent, such as a child or an unconscious person. It includes acts such as rape, attempted rape, sexual coercion, sexual contact with a child, and unwanted touching, whether over or under clothing. Non-physical forms of sexual assault also exist, including voyeurism (observing others without their consent), exhibitionism (publicly exposing oneself), sexual harassment or threats, coercing someone to pose for sexual photographs, and sending unsolicited sexual messages or images . In 2019, 1 in 10 children in Malaysia, which amounts to 750000 children have been physically abuse.
Legal Framework on Sexual Assault in Malaysia
Under Malaysian law, sexual assault is criminalized mainly through the Penal Code (Act 574), while additional protections are provided under the Sexual Offences Against Children Act 2017 (SOACA). According to Section 375 of the Penal Code Act 574, “rape” is defined as sexual intercourse by a man with a woman under specific circumstances such as without consent, through coercion, or when the victim is incapable of giving consent. Section 376 prescribes the punishment for rape, which includes imprisonment for a term between ten and thirty years and whipping.
In the context of schools where minors are involved, the Sexual Offences Against Children Act 2017 plays a crucial role in addressing sexual crimes against children. The Act encompasses offences like physical sexual assault, child pornography, sexual grooming, and online exploitation, and it also enforces stricter penalties when the victim involved is a child. In August 2019, the de facto law minister, Liew VuiKeong, reported in the Dewan Rakyat that since the enforcement of the Sexual Offences Against Children Act 2017 (SOACA 2017). In total of 3,738 cases involving sexual offences against children had been brought before the courtssince the implementation of new law .
Section 5 states that any person who communicates with a child with the intention of committing a sexual offence with or against that child commits the offence of child grooming. If found guilty, the person may be punished with imprisonment for up to five years and may also be liable to whipping. This section is crucial in preventing sexual assault before it happens. In school settings, grooming can occur when a teacher, staff member, or even an older student builds a relationship of trust with a child with the hidden purpose of committing sexual acts later. The law recognizes such manipulative behaviour as a crime even if physical assault has not yet occurred. This law is exemplified in a case reported in Johor Bahru on July 15, 2025, where three individuals were charged under Section 5 of the Sexual Offences Against Children Act 2017 (SOACA), read together with Section 34 of the Penal Code. Upon conviction, the provision carries a penalty of up to 30 years imprisonment and not fewer than six strokes of the cane. Additionally, the five accused were alleged to have trafficked a 15-year-old girl, a 16-year-old boy, and a 26-year-old man for labour exploitation through deceitful means. They were also charged with acting in common intention to produce child sexual abuse material involving the same two teenage victims, in the form of videos and images.
Other than that, Section 6 of SOACA 2017 provides that any person who communicates with a child in a sexually explicit manner, whether verbally, in writing, or through any communication technology, is guilty of an offense. The punishment is imprisonment for up to three years, or a fine, or both. This provision covers inappropriate sexual messages or conversations that might take place between teachers, staffand students or among students themselves, especially through social media and messaging apps. It criminalizes any sexualized communication with minors, reinforcing that children must be protected from verbal and psychological forms of sexual abuse, not only physical contact.
Section 14(a) states that any person who, for a sexual purpose, touches any part of a child’s body, or causes the child to touch the offender or another person, commits the offence of physical sexual assault. The penalty is imprisonment for up to twenty years and whipping. This section directly addresses the physical act of sexual assault in schools. It applies to any case where a teacher, staff, or student touches a child inappropriately or forces the child to touch them. Such conduct often occurs in environments where trust and authority are abused.
For example, A recent high‐profile case where four male students in Melaka involved in alleged gang‐rape of female student in school classroom. They were charged under Section 14(a) of SOACA and under Sections 375B/377B of the Penal Code. The severe punishment under this section reflects the law’s intent to protect children from physical sexual harm and to uphold the sanctity of the school environment.
Conclusion
Sexual assault in schools is not only a violation of law but also a deep wound to the moral of society. It affects victims physically, mentally, and emotionally, often leaving long-term trauma that impacts their education and safety. Schools should be a place of safety and growth, instead become a source of fear and pain for some children.
Although Malaysia has established laws such as the Penal Code and the Sexual Offences Against Children Act 2017 (SOACA) to address these crimes, the increasing number of reported cases shows that enforcement, awareness, and education still need to be strengthened. Legal protection alone is not enough if victims are afraid to speak up or if society remains silent. the fight against sexual assault in schools is not just a legal duty, but a moral responsibility. Protecting children means protecting the nation’s future and this can only be achieved when justice and empathy can work hand in hand.
Bibliography
1. Muzaffar, D. R., & Mallow, S. (n.d.). SEXUAL HARASSMENT IN EDUCATIONAL SECTOR: PROMOTING AWARENESS AND UPHOLDING THE EXISTING LAWS. https://web.archive.org/web/20081220123857/http://www.
2. Izni, W. F., & Rahman, A. (2024). Law on Sexual Offences against Children ABIRAMASUNDARI ARULMOLIVARMAN ANUSSHA KOMARASAMY DHAIFINA HANI MOHMAD YUSRI VESHUTYA MOHANAVEL.
3. Mahmud, A. J. (2024). Adequacy of the law on sexual abuse against children in Malaysia: Comparative study with the law on sexual abuse against children in India[Doctoral dissertation, Ahmad Ibrahim Kulliyyah of Laws, International Islamic University Malaysia].
4. Fauzi, M. (2025, July 15). Five, including 17-year-old, claim trial to human-trafficking charge in JB. The Star. https://www.thestar.com.my/news/nation/2025/07/15/five-including-17-year-old-claim-trial-to-human-trafficking-charge-in-jb
5. Malay Mail. (2025, October 16). Four teens to face charges in Melaka court today over alleged rape of Form Three student. https://www.malaymail.com/news/malaysia/2025/10/16/four-to-face-charges-in-melaka-court-today-over-alleged-rape-of-form-three-student/194752
6. Penal Code (Act 574). (2006). Laws of Malaysia. Kuala Lumpur: International Law Book Services.
7. Sexual Offences Against Children Act 2017 (Act 792). (2017). Laws of Malaysia. Kuala Lumpur: International Law Book Services.