Analysis on the rights of rape victims in Malaysia

Abstract

Rape is a distressing and traumatic experience. The rights of rape victims remain neglected under the existing Malaysian legislation, particularly in relation to the physical, financial, emotional, and social losses. The main objective of this thesis is to examine the Malaysian legislation on rights of rape victims. The study begins with the elaboration on the growth of victimology where rape victims are being heard. The study has detailed the clinical management for rape survivors and the effects of rape on victims from psychological, physical, emotional and economic perspectives. The analysis is valuable in drawing the attention of the criminal justice system which is based on retributive and rehabilitative modelsm shifting towards restorative justice as an alternative avenue to ensure the rights of rape victims. The study found that there are few reformative steps taken by the criminal justice system in ensuring the victims’ rights even at the reformative stage. However, there are still many rooms for improvement that could be made. The thesis concludes with suggestions and recommendations for the adoption by the authority with the highlight of some directions for future research. The methodology employs in this study are library research and extensive interviews with personel involved directly with victims of rape. This method is further supported by statistical data obtained from the authority. It is hoped that this effort will promote the way forward for recognising the rights of rape victims in Malaysia.